Customer Support

AGBA & ANOR
V.
OKOGBUE

(1988) JELR 39824 (CA)

Court of Appeal 6 Jul 1988 Nigeria
BriefBot icon

BriefBot Summary

Free

- The Defendants have appealed to the Supreme Court against the decision of the Court of Appeal and are asking for a stay of execution of the judgment. - The Defendants argue that the enforcement of the judgment will destroy the substance o

Case Details

Suit Number:CA/E/93/82
Judges:SYLVESTER UMARU ONU Justice of The Court of Appeal of Nigeria OWOLABI KOLAWOLE Justice of The Court of Appeal of Nigeria BRAIMAH AMEN OMOSUN Justice of The Court of Appeal of Nigeria
Counsel:M. A. Agbamuche, S.A.N. (with him, Mrs. Grace Achike) For Appellant Chief Tagbo Nwogu For Respondent
Other Citations:Agba v. Okogbue (1988) 4 NWLR (Pt.91)

OWOLABI KOLAWOLE, JCA (Delivering the Lead Ruling): In this application, the Defendants who have appealed to the Supreme Court against the decision of this Court are asking for a stay of execution of the said judgment on the familiar grounds namely:

(1) That the enforcement of the judgment of the Court of Appeal given on 27th July, 1987 will destroy the substance of the appeal to the Supreme Court.

(2) That the enforcement of the said judgment will render the judgment nugatory.

(3) That the enforcement of the said judgment will destroy the lien which the Defendants/Appellants/Applicants have over the Respondent's sewing machine seized by the Age Grade for the Respondent's refusal to pay his contributions towards community development.

This application is supported with an affidavit the main summary of which I have highlighted above and a notice and grounds of appeal.

The subject-matter of this application is the return of the Plaintiff/Respondent's butterfly sewing machine seized by t…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.