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CaseLaw

Okulate V. Awosanya (1992) CLR 1(L) (CA)

Judgement delivered on January 23rd, 1992

Brief

  • Stay of execution pending appeal
  • Declaratory and executory judgements

Facts

The 1st-3rd respondents sued the applicants for:

  • i
    “A declaration that they or any member of their respective families are not entitled to be nominated approved and/or appointed to the Chieftaincy post of Olisa of Makun, Sagamu, as they are not members of Oresolu Family.
  • ii
    Perpetual Injunction against the 3rd, 4th and 5th Defendants restraining them from ever recognizing approving, appointing and or gazetting either of the 1st and 2nd Defendants of anyone from their families as the Olisa of Makun, Sagamu.

The High Court found in favour of the 1st 3rd respondents. An order of injunction restraining the 5th and 6th respondents and their servants and agents from considering the appellants or any member of their respective families for the vacant stoll of the Olisa of Makun, Sagamu was also made.

The Appeal court also dismissed their appeal.

Appellants/applicants brought a motion on notice seeking an order of stay of execution of the judgment delivered by the Court of Appeal on the 20th day of May, 1991 pending the determination of a further appeal to the Supreme Court.

Supporting the motion was with an affidavit, an affidavit of urgency and a reply to the Counter affidavit.

Issues

Whether or not the declaratory judgment unsuccessfully appealed against at...

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