ADEKEYE, JCA (Delivering the Lead the Ruling): This is aninterlocutory application for stay of proceedings in suit No. M.330/2002 before the High Court of Oyo State Ibadan Judicial Division pending the hearing and determination of the appeal lodged in the Court of Appeal against the ruling of His Lordship Justice Mashud A. Abass delivered on the 8th of January, 2003 following a preliminary objection raised against the hearing of the above-mentioned suit.
In the High Court of Oyo State - Ibadan Judicial Division - the respondent in this application, commenced an action by an originating summons in Suit No. 330/2002 claiming as follows:-
(1) Declaration that having regard to the infants Law of Oyo State, upon the death of Mrs. Olutobi Aramide Aderinokun the mother of Mayowa and Temilola Aderinokun, the plaintiff being the natural father is by operation of law the guardian of the said children.
(2) Order directing the respondents forthwith to deliver up to the applicant, by himself or th…