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MURTALA OLOSUNDE WUKA OLOSUNDE FRANCIS OGUNBEWON SHODEKE MURTALA ANISERE REMI SHODEKE DELE FRANCIS SHODEKE SITULA IGE LAWAL IGE FEMI AKINTOLA IGE GANIYU ALANI IGE ( Sued for themselves and on behalf of Beku-Onimaba residents in Igando/Ikotun in Alimosho Local Government Area of Lagos State) V. CHIEF SIKIRU EYIALEGAN CHIEF WAKILU OLABISI AKINDELE CHIEF GALUBI ABUDU ALAEYEMI KARIMU ASANI OKE (Suing for themselves as the Attorneys of the Oko-Osi and Oro-Otan Onimaba land owning families of Igando in Alimosho Local Government Area of Lagos State)

(2004) JELR 55545 (CA)

Court of Appeal  •  CA/L/402M/2002  •  17 May 2004  •  Nigeria

DALHATU ADAMU JCA (Presided and Read the Lead Judgment) SULEIMAN GALADIMA JCA


A ADAMU JCA (Delivering the Lead Judgment): By a motion on notice dated 25/9/03 and filed on 22/10/03, the appellants/applicants (hereinafter called “the applicants”) applied to this court for the following relief:

“An order staying further proceeding in this matter at the lower court pending the determination of the appeal filed against the ruling of this (sic) Honourable Court delivered on 1st March, 2002.”

The motion on notice is supported by a 19 paragraph affidavit. Also attached to the said motion is the notice of appeal against the decision of the lower court dated 13/3/02 and marked as Exhibit ‘A’ to the supporting affidavit. Two further affidavits were also filed respectively on 23/1/04 and 23/3/04. Both further affidavits contain the two rulings of the lower court dated respectively on 1/3/02 and 25/9/03. The first one is the ruling appealed against while the second one is the one in which the lower court refused the applicants’ earlier application for stay of proceedings. O…

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