YAKUBU & ANOR
V.
ASHIPA & ORS

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…