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S. J. OLAYINKA V. YESUFU ELUSANMI & ANOR

(1970) JELR 33696 (SC)

Supreme Court  •  SC.91/69  •  19 Oct 1970  •  Nigeria

Coram
ADEMOLA ADETOKUNBO JSC; GEORGE BAPTIST AYODOLA COKER JSC; GEORGE SODEINDE SOWEMIMO JSC;

Judgement

COKER, J.S.C. (Delivering the Judgment of the Court): The appellant has appealed to this Court against the judgment of Fakayode, J. (High Court, Oshogbo, Western State) whereby he has affirmed an order for an indefinite stay of execution of a judgment obtained by him against the respondent and his senior brother, one Yesufu Elusanmi. Apparently, the judgment relied upon the appellant was given by a Native Court in Ile-Ife on the 8th July, 1954; in respect of some monetary debt owing him by both the respondent and his brother. It is conceded by the parties before us that the Native Court that gave this judgment does not now exist any longer. By a motion dated the 23rd July, 1962, and because the appellant has issued a writ of execution against him, the respondent applied to the Grade "B" Customary Court, Ife, "for an order for a stay of execution in case No.263 and 264/54 S.J. Olayinka v. Yesufu Elusanmi..." stating in the accompanying affidavit that at the time when the Native Court g…

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