By Gbenga Olarinoye Osogbo—An Osun State High Court sitting in Osogbo, the state capital, has struck out two applications made by Oluwo’ s coun
By Gbenga Olarinoye
Osogbo—An Osun State High Court sitting in Osogbo, the state capital, has struck out two applications made by Oluwo’ s counsel, Mr. Laude Yekini, for notice of interlocutory appeal and stay of proceedings on the matter before the court.
Recall that Justice A. O. Ayoola, on March 24, ruled that the State High Court has jurisdiction to hear and adjudicate over a chieftaincy row filed by Chief Abiola Ogundokun on his alleged removal by Oluwo of Iwoland, Oba Abdulrasheed Adewale Akanbi.
When the case came up for hearing , Oluwo Akanbi’s counsel, Mr. Yekini, informed the court that he has an application for interlocutory appeal dated April 26 and filed April 28.
In her ruling, Justice Ayoola struck out the interlocutory appeal because it was not filed within the stipulated period by law.
In another application before the Court dated April 30 and filed on May 2, Yekini sought for a stay of proceedings. This was supported by a 17-paragraph affidavit and address.
Mr. Soji Oyetayo, counsel for Ogundokun, opposed the application with a five-paragraph affidavit. He said there was no valid notice of appeal before the court on which they can predicate their stay of proceedings, urging the court to dismiss the application and proceed with the hearing of the suit.
When Yekini was trying to raise a point of law on his submission, Oyetayo countered by citing Order 39 (4) of the State High Court rules, saying what has not been filed before the court cannot be pleaded.
In her ruling, Justice Ayoola said conditions for stay of proceedings are well spelt out, among which is that there must be a valid appeal before the Court of Appeal.
Bemoaning the different forms of delay employed by legal practitioners in Nigerian courts, she said the application by Oluwo’s counsel would cause further hardship and delay for Chief Ogundokun as applicant.
She noted that since the beginning of the suit, the respondent has always filed one application or the other.
Justice Ayoola in her ruling said: “The application lacks merit and it is, hereby, dismissed.”
This eventually led to the commencement of the suit hearing with the plaintiff counsel, Oyetayo calling on the witnesses starting with Yekini Olanrewaju.