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THE REGENCY COUNCIL OF OLOTA
V.
SODEINDE

(1997) JELR 73199 (CA)

Court of Appeal 4 Nov 1997 Nigeria
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- The applicants sought an order staying execution of the Ogun State High Court judgment delivered on 29/3/95, which declared the appointments of certain minor chiefs in Iju, Ota, as ultra vires, illegal, and void, and granted perpetual inj

Case Details

Judges:ALOMA MARIAM MUKHTAR, J.C.A. (Presided and Read 1he Leading Ruling), MURITALA AREMU OKUNOLA. J.C.A., DALHATU ADAMU, J.C.A.
Counsel:Milton Ohwovoriole, S.A.N. (with him, I.C. Ubosi) - for the Applicants Chief P.C.Ajayi-Obe, S.A.N. (with him,T. Adeyemi) - for the Respondents.
Other Citations:(1998) 6 NWLR (Pt. 552) 72

MUKHTAR, J.C.A. (Delivering the Leading Ruling): This is a ruling on an application for an order staying the execution of judgment of the Ogun State High Court delivered on 29/3/95. The application is supported by an affidavit and further and better affidavit and reply to counter-affidavit. The judgment of the lower court, the ruling of the said Court refusing the order of stay of execution, and the notice of appeal are exhibited. Counter-affidavits were filed by the opposite parties opposing the application. A preliminary objection brought under Order 3 r. 15 of the Court of Appeal Rules 1981 was also filed by the learned senior Advocate to the other parties, and the grounds of the objection are as follows:-

i.By the Reply to Counter Affidavit of the Appellants/Applicants there is nothing to stay in that they exhibited 2 Chieftaincy Certificates dated 7th April, 1995 while the respondents exhibited Certificates of the same date all issues by the 1st respondent.

ii.This application was …

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