The Appellants were the Plaintiffs in the Trial Court at Ado-Ekiti High Court. They sued the Respondents claiming title to a piece of land, damages for trespass and injunction. The Respondents counter-claimed for the same relief’s. At the end of the Trial, the Court gave judgement in favour of the Respondents per their counter-claim. The Appellants were dissatisfied with the decision and they appealed to the Court of Appeal, Benin. While the appeal was pending, (and it is still pending) the Appellants applied to the Trial Court for stay of execution of its judgement pending the determination of the appeal. The Learned Trial Judge, Adekeye J. (as she then was) heard the application and refused it.

The Appellants, still not happy, further filed a similar application for stay pending appeal before the Court of Appeal Benin. The application was again heard by the Court of Appeal and was dismissed with N500.00 costs in favour of the Respondents