AKUKALIA
V.
GOVERNOR

(1986) JELR 78946 (CA)    
Court of Appeal  ·  3 Feb 1986 ·  Nigeria
 · 
Other Citations
Akukalia v. Governor (1986) 5 NWLR (Pt. 41) 275
CORAM
JOHN ANIEMEKA PHIL-EBOSIE. J.C.A. (Presided), SANI SALITH AIKAWA, J.C A. (Read the Leading Ruling), ALOYSIUSIYORGYER KATSINA ALU, J.C.A.
Core Terms Beta
application
court
rule
order
applicants
present application
determination of the appeal
notice of motion
high court
honourable court
respondents
rules of this court
similar application
grounds of appeal
order of the court
senior advocate
similar purpose
stay of the judgment
traditional rulers law no.
11th day of december
1st defendant
7th defendant
appellant applicant
appellant applicants
chief judge of anambra state
copy of the judgment
copy of the notice
customary law of the town
final decision
fore-noon orso
government of anambra state
hearing of this application
lead ruling
learned counsel
learned solicitor-general
learned solicitor-general of anambra state
mr. umeadi
notice
official recognition
order of the lower court
phil-ebosie
provision of section
respondent acts
rules of this court deal
said judgment
stay of execution of judgment
suit no. e
take notice
traditional ruler
whole of ukpo town

AIKAWA, J.C.A. (Delivering the Lead Ruling): This is an application praying the court for an order staying the judgment/order of the lower court pending the determination of the appeal. It was brought by a motion on notice which I reproduce as follows:

"TAKE NOTICE that this Honourable Court will be moved on theday of .... 19 .... at the hour of 9 O'clock in the fore-noon orso soon thereafter as the appellants/applicants or counsel on their behalf can be heard praying this Honourable Court for an order staying the judgment/order of the court pending the determination of the appeal.

And for such further and/or other orders as the court may deem just to make in the circumstances.

Dated at Enugu this 11th day of December 1985.

The application has been supported by an affidavit sworn to by Patrick Okoye and contained 39 paragraphs. The relevant paragraphs read thus:

"1. That I am the 4th plaintiff/appellant applicant in the above suit.

2.That I have the authority of the other plaintiffs/appella…

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