Ratio DecidendiRatio Decidendi



AGBA & ANOR
V.
OKOGBUE

(1988) JELR 39824 (CA)    

Court of Appeal  ·  CA/E/93/82 ·  6 Jul 1988 ·  Nigeria
 · 
Other Citations
Agba v. Okogbue (1988) 4 NWLR (Pt.91)
CORAM
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

Ratio Decidendi

Core Terms Beta
appeal
applicants
application
stay of execution
supreme court
grounds of appeal
court of appeal
learned chief magistrate
butterfly sewing machine
enforcement of the said judgment
following principles
nicannar food co. ltd.
rule of law
vital issues of law
age grade
case of governor of lagos state v
constitution of the federal republic of nigeria
contempt of the lower court
costs of n100.00
court grants
decision of the learned chief magistrate
decision of this court
enforcement of the judgment of the court
familiar grounds
force of law
free choice of association runs
fundamental question
high court
humble beginnings
lead ruling
operation of their custom
order of the court of appeal
page 633g
return of the plaintiff
senior advocate
similar situation
status quo
stay of execution of the said judgment
subject-matter of this application
substance of the appeal
sylvester umaru onu
value of n115.00
vaswani trading co. v
views of akpata jca

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…

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