(1999) JELR 45755 (CA)    

Court of Appeal  ·  CA/L/423/97 ·  17 Jun 1999 ·  Nigeria
Other Citations
Yakubu v. Ashipa (1999) 12 NWLR (Pt.629)
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI ACHOLONU Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
determination of the appeal
full execution
learned trial judge
declaration of title
further execution of the judgment
stay of further execution
stay of proceedings
6th defendant respondents
appellate court
ashipa family
brother i. c. pats-acholonu
case of the defendants
chaotic state of proceedings
charitable organisation
circumstances of this case
counter affidavit
course of trial of the main case
double meaning
exceptional circumstances
execution of all orders
execution of that honourable court
exercise of discretion of stay
following cases
following words
honourable justice martins
issue of trespass
judgment of the court
lagos state
leading judgment
logbo ayobo village
oguntade j.c.a.
order of this honourable court
parcel of land
particular 1st
pats-acholonu j.c.a.
plaintiff appellants
real issue
ruling of the learned trial judge
stay of further execution of judgment
stay of further proceedings martins
substitution of the said counsel
unequivocal no.

PATS-ACHOLONU J.C.A. (Delivering the Leading Judgment): This appeal arises from the Ruling of the learned trial Judge in a motion for stay of further execution of Judgment of Honourable Justice Martins delivered on 11/9/96. The Plaintiff appellants had claimed for declaration of Title, damages for trespass and injunction in respect of a piece and parcel of land. In course of trial of the main case in the court below counsel for the defendants died and the Ashipa family then briefed one John Rotimi Esq. to file an application for substitution of the said counsel. The learned trial Judge B. O. Martins in his Ruling dismissed the application for change of counsel. He also dismissed an application to substitute Yekini Ashipa for late Jimoh Oseni Ashipa and Gani Ashipa for late Daura Yaro. This made the defendants file an appeal and meanwhile filed a motion for stay of proceedings pending the determination of the appeal. Notwithstanding that an appeal had been filed and there was motion fo…

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