PRINCE ADETUNDE OGUNSANYA & ANOR V. MUKAILA ABDULLAHI

SIDI DAUDA BAGE, J.C.A. (Delivering the Leading Judgment): This appeal dated 23rd July 2007 was filed by Prince Adetunde Ogunsanya and Enigbokan Abudu on 27th July 2007 as 58th and 59 Defendants in suit No.ID/117/M/2004 where judgment was given against them together with other Defendants in that suit for possession. See page 430 - 439 of the record of appeal.

The said suit ID/117M/2004 emanated from suit No.ID/2595/92 where the Plaintiff got judgment for declaration of title against 59 Defendants and other unknown persons on the land. The Appellants herein were 58th and 59th Defendants respectively as principal for and on behalf of Ogbenla family. In that suit ID/2595/92 the trial judge, Justice S. A. Adebajo adjudged the Plaintiff to be the rightful owner of the disputed land (see page 15 of the record) and the Defendants including the Appellants herein were declared to be trespassers on the land.

The Defendants including the Appellants brought application for stay of execution of the …