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AGBAJE & ORS.
V.
ADELEKAN & ORS.

(1990) JELR 42965 (SC)

Supreme Court 14 Dec 1990 Nigeria
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Case Details

Suit Number:SC.6/1989
Judges:MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria PHILLIP NNAEMEKA-AGU Justice of The Supreme Court of Nigeria ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria OLAJIDE OLATAWURA Justice of The Supreme Court of Nigeria EPHRAIM OMOROSE IBUKUN AKPATA Justice of The Supreme Court of Nigeria
Counsel:Otunba J. O. Awopeju (with him, A. O. A. Awopeju and O. A. Awopej u (Miss) ) For Appellant A. Orioye For Respondent
Other Citations:Agbaje v. Adelekan (1990) NWLR (Pt.164)595 (1990) 11-12 S.C 162

UWAIS, J.S.C. (Delivering the Leading Judgment): This is an interlocutory appeal from the decision of the Court of Appeal, Ibadan. The issue for determination is whether the Court of Appeal was right in refusing to grant the appellants' application for stay of execution pending the determination of the appeal the appellants instituted in the Court of Appeal.

The 1st to 4th respondents were the plaintiffs in the High Court of Oyo State where they took out a writ of summons in 1987 against the appellants as defendants claiming as follows:-

"(a) Partition of the landed property of the late Salami Agbaje inherited by the plaintiffs and the defendants as family property on the death of the said Salami Agbaje sometime in 1953.

(b) Account by the 1st, 2nd 3rd and 4th defendants of all the moneys collected by the said defendants in respect of the said landed property of Salami Agbaje.

(c) Injunction restraining the 1st, 2nd, 3rd and 4th defendants from further dealing with the said landed pr…

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