EVANGELIST E. ADEYEMI OYENEYE V. S. O. ODUGBESAN

G. B. A. COKER, J.S.C (Delivering the Leading Judgment): This is an application for leave of this court to appeal to the Supreme Court against the judgment of Taylor, CJ., (High Court, Lagos) dated the 14th June, 1971, and for stay of further proceedings on the said judgment pending the determination of the appeal. The applicant was the defendant and the respondent the plaintiff in an appeal which was heard in this court and decided on the 26th March, 1971. In its judgment, this court, inter alia, awarded to the plaintiff damages for trespass, declaration of title to the piece of land as claimed by the plaintiff and an injunction to restrain the defendant and his agents or servants from further trespass on the said land. As the defendant would not leave the premises, thus continuing to be disobedient to the order of injunction, the plaintiff applied to the High Court, Lagos for "a writ of possession to be issued against the defendant pursuant to the judgment of the Supreme Court given…