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Lawal Osula v. Lawal Osula
Asuquo, O.;Aghoja, C.
Stay of execution Court orders He who seeks equity must do equity
Respondents had sued appellants claiming various reliefs touching and concerning the last will and testament of Chief Usman Lawal-Osula who died in 1968.
The relief that related to the paternity of the respondents succeeded while other reliefs were dismissed.
The parties appealed whereupon respondents appeal and reliefs were granted while the cross appeal of the appellants was dismissed thereby facilitating an appeal to the Supreme Court.
During the pendency of the appellants appeal they brought an application asking for:
(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.""
Prayer I was not opposed
Prayer ii was withdrawn
Prayer iii and iv were opposed with the appellants filing a counter affidavit
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