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OPOBIYI
V.
MUNIRU

(2006) JELR 50975 (CA)

Court of Appeal 6 Feb 2006 Nigeria
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- The main appeal was struck out for lack of jurisdiction by the court. - The appellants appealed to the Supreme Court and filed a motion for stay of execution. - The respondent allegedly misunderstood the ruling and continued construction

Case Details

Suit Number:CA/IL/SH/3/99
Judges:ABOYI JOHN IKONGBEH JCA TIJJANI ABDULLAHI JCA
Counsel:Olaolu Opadere Esq. - for the Applicants. -*- B. Jimoh Esq. - for the Respondent.

MUNTAKA-COOMASSIE JCA (Delivering the Lead Ruling): On the main appeal this court after upholding the preliminary objection by the respondent, struck out the appeal for lack of jurisdiction. The appellants appealed to the Supreme Court and filed a motion for stay of execution. The motion was objected and counter-affidavit filed. Further and better affidavit and further counter-affidavit were also filed. This court also ordered for filing of written briefs by the parties vis-a-vis the motion which directive was obeyed and all the parties involved filed their respective briefs. This court had not resolved the issue of stay of proceedings when the issue of contempt of court cropped up. It was alleged that the respondent herein misunderstood the ruling of this court and went ahead to complete the construction work on the disputed land even though the matter is right now pending in the Supreme Court.

As far as this court is concerned, after considering written briefs of both parties and…

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