ALHAJI ADEBIYI LAYINKA V. ADEOLA MAKINDE
June 18, 2025ASAFA FOODS FACTORY LTD. V. ALRAINE NIG. LTD AND ANOR.
June 18, 2025Legalpedia Citation: (2002) Legalpedia (SC) 11118
In the Supreme Court of Nigeria
HOLDEN AT ABUJA
Mon May 6, 2002
Suit Number: SC. 86/1997
CORAM
M.L. UWAIS, CHIEF JUSTICE, NIGERIA
O. ACHIKE JUSTICE, SUPREME COURT
OLAJIDE OLATAWURA., JUSTICE, SUPREME COURT
PARTIES
JULIUS OBA FATOYINBOOBA OYEYEMIJIMOH BELLO (For and on behalf of Okunrinpo Family of Oke Ila Ado-Ekiti) APPELLANTS
MICHAEL DADA OSADEYILAWRENCE FUNMILAYO AJANA (for and on behalf of the Ajana Family of Orereowu Street, Ado-Ekiti) RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants appealed against the decision of the court giving title to the land in dispute to the respondent and filed application for stay of execution on the ground that they have arguable grounds of appeal and that they will suffer great hardship if the judgment is enforced having been on the land for many years .
HELD
The court held that the appellant did not show exceptional circumstances to be entitled to stay of execution.
ISSUES
As plaintiffs-appellants are no trespassers on the disputed land; as defendants -respondents did not sue plaintiffs-appellants for forfeiture; as there is evidence that plaintiffs-appellants have been on the land for more than thirty years and as it is clear that it will work hardship on plaintiffs-appellants if they are restrained from going to the land in dispute, whether or not it was right for the lower court to refuse a stay of execution of the judgment on the land. Whether or not it was right for the lower court to dismiss plaintiffs-appellants application for a stay on the ground that plaintiffs-appellants filed no further and better affidavit to the counter affidavit of defendants-appellants indeed plaintiffs-appellants did file one. Whether the decision of the lower court in dismissing plaintiffs-appellants (sic) is in line and consonance with the affidavit evidence and facts before the lower court”.
RATIONES DECIDENDI
CASES CITED
Vaswani Trading Company v. Savalakh & Company (1972) 1 All NLR (pt.2) 483, (2001) 2 SCM, 188;|Balogun v. Balogun (1969) 1 All NLR 69, (2001) 1 SCM, 178;|Martins v. Nicanner Food Company Limited (1988) 2 NWLR (pt. 74) 75; Nwabueze v. Nwosu (1988) 4 NWLR (pt. 88) 257;|Okafor v. Nnaife (1987) 4 NWLR (pt. 64) 129, (2001) 7 SCM, 202.
STATUTES REFERRED TO
NONE|
