Compulaw - 1st Indigenous Digital Law Library

Brief

Principles guiding stay of execution and application of
Disobedience of court orders
Maxim of "He who seek equity must do equity."

Facts

The respondents herein were plaintiffs in the Benin High Court claiming from the appellant, as defendants, jointly and severally various reliefs touching and concerning the last will aid testament of Chief Usman Lawal-Osula who died on 22-168.

In the trial court, the relief concerning the paternity of the respondents succeeded. The other reliefs were dismissed. Both parties, dissatisfied appealed. The respondents appeal and reliefs were granted. The cross appeal of the appellants was dismissed aid they further went to the Supreme Court.

While the appellants appeal was pending before the Supreme Court, they filed an application praying for the grant of the following orders until the disposal of the substantive appeal pending before it.

i.
An order substituting 1st defendant/appellant who died with Hajia Morenike Ibrahim Yahaya, Mrs Akai and Mrs Agada who together with the 4th defendant appellant are her personal representatives and children.
ii.
An order granting an enlargement of time within which to apply for a stay of execution.
iii.
An interlocutory injunction restraining the 1st plaintiff/respondent or his agent from taking over, disposing of or dealing with the real and personal property presently comprised in the estate of Late Usman Lawal-Osula pending the determination of the appeal already filed in this court."

Respondents did not oppose prayer(i) and prayer(ii) was withdraw by the applicants at the hearing. They opposed both (ii) (iv) and filed a counter-affidavit to the appellants application; part of which read:

"8.
....In contempt of the Court of Appeal judgment, the applicants again assigned another property to UTC Nigeria Plc...
9.
That as a fact, the defendants/applicants have refused to comply with the court judgment and I have nothing left for me by the execution to manage at all."

Appellants replied the counter affidavit of the respondents by filing a reply.

Lawal Osula V. Lawal Osula (1995) SLR 4(A) (SC): 3 NWLR (Pt. 382) 121 (SC)

Brief

Facts

Issues