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AINA OSANYANBI & ORS v. OKEOWO LASISI & ORS

(2019) LPELR-47389(SC)

In The Supreme Court of Nigeria

On Friday, the 12th day of April, 2019

SC.152/2006


Before Their Lordships

OLABODE RHODES-VIVOUR Justice of The Supreme Court of Nigeria

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Supreme Court of Nigeria

CHIMA CENTUS NWEZE Justice of The Supreme Court of Nigeria

AMINA ADAMU AUGIE Justice of The Supreme Court of Nigeria

UWANI MUSA ABBA AJI Justice of The Supreme Court of Nigeria


Between

AINA OSANYANBI & ORS - Appellant(s)

AND

OKEOWO LASISI & ORS - Respondent(s)


Other Citations

; ;


Summary

INTRODUCTION:
This appeal borders on Civil Procedure.

FACTS:
This is an appeal against the ruling of the Court of Appeal sitting in Lagos.

The facts of the case are that the respondents owned a piece of land at Magbon, Orile-Agege in Lagos State.
The appellants' became their tenants. After sometime they challenged the title of the respondents'. So, the respondents as plaintiffs sued the appellants'/defendants for forfeiture, possession and arrears of rent. The case was initially filed in Court in 1985. In 1996 a Lagos High Court entered judgment for the respondents. All their reliefs were granted.

In 1997 the appellants' filed an appeal and obtained a stay of execution of the judgment. After obtaining a stay of execution the appellants went to sleep. So on 18 July 2005, eight years after the grant of stay of execution the respondents' approached the Court of Appeal for an order dismissing the appeal for want of diligent prosecution. The application was granted. The appeal was dismissed.

Dissatisfied, the appellants appealed to the Supreme Court.

The Respondents filed a Preliminary objection challenging the competence of the appeal on the ground that leave of Court was not obtained before filing same.

ISSUES:
The Court determined the appeal on the Respondents' preliminary objection challenging the competence of the appeal on the ground that leave of Court was not obtained before filing same.

DECISION/HELD:
On the whole, the Court found merit in the respondents' preliminary objection and accordingly upheld same. The Appellants' appeal was therefore struck out for incompetence.


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