May 26, 2025
Legalpedia Citation: (2009) Legalpedia (SC) 11631 In the Supreme Court of Nigeria Thu Jul 16, 2009 Suit Number: SC. 71/1993 CORAM ABUBAKAR B. WALI JUSTICE, SUPREME COURT […]
CORAM
ABUBAKAR B. WALI JUSTICE, SUPREME COURT
MICHAEL E. OGUNDAR,JUSTICE, SUPREME COURT
OKAY ACHIKE JUSTICE, SUPREME COURT
AKINTOLAU OLFEMI EJIWUNMI JUSTICE, SUPREME COURT
ABUBAKAR B. WALI JUSTICE, SUPREME COURT
PARTIES
BERNARD EREFA DAN-JUMBO APPELLANTS
DR STEPHEN DAN- JUMBO & ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants were granted probate of a will at a time when the respondent’s appeal against the declaration of the validity of the will was pending.
HELD
The court held that though there was no application for stay of execution, the grant of probate was not proper in the circumstances of the case.
ISSUES
1. Whether an appeal lodged against a judgment can operate as a stay of execution of that judgment?.
2. Whether the doctrine of Lis Pendens is applicable in this case. ?
RATIONES DECIDENDI
CASES CITED
Nalsa & Team Associates v. Nigerian National Petroleum Corporation (1996) 3 S.C.N.J. 50Lord Trimlestown v. Lady Trimlestown (1830) 162 ER 1145Akinyemi Adesanya & Olatunji Alli v. Sunbo Olatunjji & Benbele Olatunji (1970) All NLR 551
STATUTES REFERRED TO
NONE