(2000) JELR 57812 (SC)    

Supreme Court  ·  SC. 128/1993 ·  11 Feb 2000 ·  Nigeria
Other Citations
Odedeyi v. Odedeyi (2000) 3 NWLR (Pt. 650) 655
Core Terms Beta
lower court
court of appeal
high court
special circumstance
stay of execution
stay of execution of the judgment
substantive appeal
5th defendants
determination of the appeal
high court of lagos
higher court
interlocutory appeal
leading judgment
livestock feeds ltd.
n10,000.00 costs
substantial ground of appeal
victorious party
1st defendant
2nd plaintiffs
affidavit evidence
brother belgore jsc
court of appeal of lagos
decision of court of appeal
different approach
earlier application
execution of that judgment
guiding principle
ikeja high court
interlocutory decision of the lower court
main issue
main plank of the appellant
mylearned brother belgore
normal circumstances
only unfortunate thing
original state
said factories
substantial parts of the reliefs
therecontraryto appellants affidavits
trial court

BELGORE, JSC.: (Delivering the leading Judgment): This is an interlocutory appeal against the decision of Court of Appeal which refused to grant the appellants a stay of execution of the judgment of High Court of Lagos. An earlier application for stay of execution pending appeal was refused by the High Court leading to A similar application in Court of Appeal which was also refused. The 1st and 2nd plaintiffs/respondents sued the 1st, 2nd, 3rd, 4th and 5th defendants/appellants seeking the setting aside of a certain deed of conveyance made by 1st Defendant to 2nd Defendant and from 2nd Defendant to 3rd, 4th and 5th Defendants as tenants. High Court granted substantial parts of the reliefs sought including nullification of the deed of conveyance, damages for trespass and injunction. The main issue in this appeal is very narrow and it is as follows: “Whether the Court of Appeal of Lagos (Division) was wrong in refusing the applicant’s application for stay of execution of the judgment …

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