NIKI TOBI, JSC (Delivering the leading Judgment): This case has moved full circle. It started in the Magistrate's Court and it is ending in the Supreme Court, thus passing through four courts: Magistrate's Court, High Court, Court of Appeal and Supreme court. The litigation is on an apparently little matter. It involves landlord and tenant. It is tenancy of a small apartment situate at No. 2 Irawo Lane, Agbowo, Ibadan.
The learned Chief Magistrate, in his judgment, directed the appellant to give up possession to the plaintiffs/respondent within three weeks. The judgment was delivered on 31st May, 1994, some fourteen years ago.
The appellant filled an application in the Magistrate's Court for stay of execution, which was refused. A similar application to the High Court was granted. Dissatisfied with the Ruling of the High Court, the appellant filed an appeal and a motion for stay of execution in the court of Appeal. On 22nd January, 2001, the court of Appeal ordered the appellant to pa…