SEGIRAH SEKANDE & ORS V. AJIBOLA ARUBIELU & ORS

CHIDI NWAOMA UWA, J.C.A. (Delivering The Leading Judgment): This is an appeal against the Ruling of the High Court of Ogun State sitting at Ota delivered on 24th November, 2006 by Solanke, J wherein he dismissed the Appellants' motion of 20th April 2006, seeking to set aside the execution carried out by the Respondents against the Appellants who were the Applicants.

The background facts are that, at the Customary Court Grade II Ado-Odo, Ogun State, the Respondents herein as plaintiffs instituted a suit against the Appellants as defendants and at the close of the case judgment was entered in favour of the Respondents herein.

The Appellants dissatisfied with the judgment appealed to the High court that affirmed the judgment of the customary Court.

The Appellate High Court authorized the execution of the customary court's judgment carried out by the sheriff of the Appellate High Court.

On 20th April, 2006, the Appellants filed a motion challenging the jurisdiction of the High court to ca…