(1998) JELR 44964 (CA)    

Court of Appeal  ·  CA/J/91m/97 ·  10 Dec 1998 ·  Nigeria
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria DENNIS ONYEJIFE EDOZIE Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria
Core Terms Beta
stay of execution
1st applicant
lower court
serious issues of law
grounds of appeal
12th day of december
2nd applicant
applicants grounds of appeal raises
benue state
large family
special circumstances
stay of execution of the judgment
substantial point of law
appeal no. ca
applicant family
bread winner of a large family
copy of the lead
exceptional circumstances
favour of the respondent
final conclusion
final determination of the applicants
following order
further step
grant of a stay of execution
issue of jurisdiction
landed property
locus classicus
lo paragraphs
ltd. holman brothers ltd.
matrimonial cause
mr. ruba
n.b.n. ltd.
niccumar food co. ltd.
paragraphs affidavit
plateau state high court
respective bread winners of their families
status quo
stay of execution of its judgment
sum of n131,0417
support of the motion
supreme court
trial court
unreported case of sony ebitu v

MUHAMMAD, J.C.A. (Delivering the Leading Ruling): The respondent herein was the plaintiff at the lower court. His claim against the applicants, at the Plateau State High Court holden at Jos jointly and severally was for the sum of N131,0417 being the outstanding balance due from the 1st applicant. The 2nd applicant guaranteed to pay the said sum upon default by the 1st applicant on 12th day of December, 1996, the trial Judge Naron J. entered judgment in favour of the respondent.

The applicants were not satisfied with this decision, they therefore appealed to this court. They then applied to the trial court for stay of execution of its judgment. The application was refused by the lower court. The applicants then brought a motion on notice to this court asking for the following order:

"An Order for stay of execution of the judgment of the lower court in suit No. PLD/J79/96 delivered on the 12th day of December, 1996 pending the final determination of the applicants' appeal".

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