CaseLaw
Oketade V. Adewummi (2010) CLR 3(L) (SC)
Judgement delivered on March 5th 2010
Brief
Facts
This case has moved full circle. It started in the Magistrate's Court and it is ending in the Supreme Court, thus passing through four Courts: Magistrates' Court, High Court, Court of Appeal and the Supreme Court. The litigation is on an apparently little matter. It involves landlord and tenant. It is tenancy of a small apartment situate at No.2, Irawo Lane, Agbowo, Ibadan.
The learned Chief Magistrate, in his judgment, directed the Appellant to give up possession to the Plaintiffs/Respondents within three weeks. The judgment was delivered on 31st May, 1994, some fourteen years ago.
The Appellant filed an application in the Magistrate's Court for stay of execution which was refused. A similar application to the High Court was granted. Dissatisfied with the Ruling of the High Court, the Appellant filed an appeal and a motion for stay of execution in the Court of Appeal. On 22nd January, 2001, the Court of Appeal ordered the Appellant to pack out of the premises, the subject matter of the appeal and the application before that Court. The Appellant filed an application against the order of the Court of Appeal and a motion for stay of execution. On 24th January, 2001, the Court of Appeal adjourned all the pending application to 8th March, 2001. The Court took all the pending applications including the substantive applications for stay of execution filed by the Respondent. The Court of Appeal granted the prayers of the Respondents. This appeal is on that Ruling.