OLAYINKA V. ELUSANMI & ANOR.

• Pages: 257-260

OLAYINKA V. ELUSANMI & ANOR.

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257

There was no time the defendant was in doubt about the land in dispute. We are

therefore unable to agree with the views of the learned Chief Justice that the land

in dispute was not sufficiently identified or that a plan of the land was necessary.

The case before the learned Magistrate was plain and his duty was clear. We

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see no reason why his judgment must be disturbed.

There is another aspect of this matter we feel it is our duty to mention. At the

end of the trial in the Magistrate's Court and after sentence had been passed upon

the defendant, he prayed the court to allow him to speak to his people in court

which application was duly granted. This is what he said openly in court.

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"My people, I want all of you to remain in the land." The learned Magistrate

noted that this was a contempt, but did nothing more about the matter. We think

this is the worst form of contempt in the face of the court, especially in the case of

a man who has been twice convicted of contempt in respect of this same matter.

Undoubtedly, the learned Magistrate must have behave with great restraint not

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to commit the defendant to prison for an indefinite period until he purged himself

of his contempt.

This appeal will be allowed. The judgment of the High Court of Lagos in Ap-

peal No. LD/25CA/69 allowing the appeal of the defendant/appellant in that court

and the order acquitting and discharging him are hereby set aside. The judgment

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of the learned Magistrate as passed upon the defendant and the order made as to

costs are hereby restored and this will be the judgment of the Court.

The defendant/appellant is to be apprehended and lodged in the prison to serve

his term. Costs of this appeal will be borne by him which are assessed at 40 gui-

neas.

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Appeal allowed.: Judgment of

High Court set aside: Judgment of

Magistrate restored.

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OLAYINKA V. ELUSANMI & ANOR.

35 S.J.OLAYINKA

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APPELLANT

V

YESUFU ELUSANMI & ANOR

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RESPONDENT

In Re: TITUS ADEYEMI

SUIT NO. SC 91/69

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SUPREME COURT OF NIGERIA

ADEMOLA,

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C.J.N.

COKER,

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J.S.C.

SOWEMIMO,

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Ag. J.S.C.

19th October, 1970

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Civil Procedure - Stay of Execution - Order for an indefinite stay of execution

of judgment - Judgment in respect of monetary debt owed to plaintiff by

defendant and his brother - Propriety of order made by customary court.

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ISSUE:

1. What is the effect of proceedings in which an indefinate stay of execution of

a

judgment is sought, on a writ that has already been issued.