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CHIEF JAMES ADEBAYO OYEWUSI & ORS. V. GOVERNOR OF OYO STATE & ORS.

(2012) JELR 34751 (CA)

Court of Appeal  •  CA/I/24/09  •  30 Apr 2012  •  Nigeria

Coram
ADZIRA GANA MSHELIA JCA; MODUPE FASANMI JCA; JOSEPH SHAGBAOR IKYEGH JCA;

Appearances
Mr. K. Sobaloju (with Messrs R. Agbanyi and B. Fabunmi) For Appellant Mr. O. E. Ogunniran For Respondent

Judgement

JOSEPH SHAGBAOR IKYEGH, J.C.A. (Delivering the Lead Judgment): A stay of execution of a judgment of the High Court of Justice of Oyo State holding at Ogbomosho (the court below) was granted by that court on 18.7.2008 pending the determination of an appeal against the award of title to a disputed parcel of land located at Ogbomosho Farm settlement in Ogbomosho, Oyo State and general damages of N500,000 in favour of the present appellants against the 3rd respondent.

In granting the application for stay of its judgment the court below ordered at pages 163-164 of the record of appeal, (the record) -

''The Judgment Creditor/Respondents are restrained from tampering with the existing structure of the appellant/applicant, his privies and assigns on the land which is the subject matter of the appeal pending the determination of the appeal filed by the judgment Debtor/Applicant against the judgment of this court delivered on 7th March, 2007. The status quo on these structures must be maintaine…

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