Before Their Lordships
WALI….. Justice of the Supreme Court
MUHAMMADU LAWAL UWAIS……. Justice of the Supreme Court
OLATAWURA……. Justice of the Supreme Court
PHILLIP NNAEMEKA-AGU……. Justice of the Supreme Court
EPHRAIM OMOROSE IBUKUN AKPATA……. Justice of the Supreme Court
Between
Alhaji Rufai Agbaje ……. Appellants
Mrs. Pauline Aderemi
Miss Jadesola Agbaje
Alhaji Sariyu Apampa
Alhaji Tijani Agbaje
Mrs Mojisola Mayungbo
And
Mrs W.A Adelekan ……. Respondents
Mr Ashimi Agbaje
Mr. S. Lanre Agbaje
Chief Mrs. Ronke Agbaje-Allison
Administrator-General & Public Trustee
…………………….A…………………….
Judgment of the Court
Delivered by
Uwais, J.S.C.
This is an interlocutory appeal from the decision of the Court of Appeal, Ibadan. The issue for determination is whether the Court of Appeal was right in refusing to grant the appellants’ application for stay of execution pending the determination of the appeal the appellants’ instituted in the Court of Appeal.
The 1st to 4th respondents were the plaintiffs in the High Court of Oyo B State where they took out a writ of summons in 1987 against the appellants as defendants claiming as follows:
(a) Partition of the landed property of the late Salami Agbaje inherited by the plaintiffs and the defendants as family property on the death of the said Salami Agbaje sometime in 1953.
(b) Account by the 1st, 2nd 3rd and 4th defendants of all the moneys collected by the said defendants in respect of the said landed property of Salami Agbaje.
(c) Injunction restraining the 1st, 2nd, 3rd and 4th defendants from further dealing with the said landed property of Salami Aghaje.
Before the action was heard by the High Court the plaintiffs filed a motion on notice in which they prayed for an : –
Order of the Honourable Court granting an injunction restraining the 1st, 2nd, 3rd and 4th defendants/respondents and/or any
other member of the Agbaje family from collecting rents on the property, subject-matter of this suitor otherwise dealing with the said property and appointing a receiver or receivers to administer the said estate and to collect rents on the said property pending the final determination of this suit and for such further or others orders as the Honourable Court may deem fit to make in the circumstances.
