LYDIA MODUPE LAWAL-OSULA & ORS V. CHIEF SAKA LAWAL OSULA & ORS
CITATION: (1995) LPELR-SC.66/1993
   
new OTHER CITATIONS:
1 Lawal-Osula v. Lawal-Osula (1995) 9 NWLR (Pt.419)259
2 (1995) 3 SCNJ 60
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Nigerian Coat of Arms
In The Supreme Court of Nigeria
On Friday, the 10th day of March, 1995
Suit No: SC.66/1993
 
 Between
LYDIA MODUPE LAWAL-OSULA
EDITH GUOBADIA
V. EMOVON
ODODO ODARO
KENNETH OLADIPO LONGE
G. EBOREIME
Appelants
 
 And
CHIEF SAKA LAWAL OSULA
ERUN OLATUNJI
TAWA AGHEDO
IYAYI AIGBE
Respondents
 
SUMMARY OF JUDGMENT 

The applicants in this case filed an application before this Court praying for the grant of the following orders until the disposal of the substantive appeal now pending in this Court:-

"(i) An order substituting the 1st defendant/appellant who died intestate on 31st May, 1993 with Hajia Morenike Ibrahim Yahaya, Mrs. Iyabo Akai and Mrs. Edugie Agada who together with the 4th defendant/appellant/applicant are her personal representatives and children.

(ii) An order granting an enlargement of time within which to apply for a stay of execution.

(iii) Stay of execution of the orders contained in the judgment of the Court of Appeal. Benin Division delivered on December 11, 1992 pending the determination of the appeal already filed and entered in this Honourable Court.

(iv) An interlocutory injunction restraining the 1st plaintiff/respondent by himself, his servants, agents or privies from taking over, disposing of or otherwise dealing with the real and personal property presently comprised in the estate of the Late Usman Mofeyintioluwa Lawal-Osula pending the determination of the appeal already filed and entered in this Honourable Court."

After a careful perusal of the application it was held by the Supreme Court that the application for stay of execution and interlocutory injunction fails and it is accordingly dismissed with N100.00 costs to each set of respondents.

   
Appearances
 
Oku Asuquo -for the Appellants/Applicants For the Appelants
 
O. Evbuomwan -for the Plaintiffs/Respondents
C. Aghoja - for the 3rd Defendant/Respondents
For the Respondents