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ALALADE
V.
NATIONAL BANK OF NIGERIA LTD. (NO.2)

(1997) JELR 45496 (CA)

Court of Appeal 10 Apr 1997 Nigeria
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- The appellant was subject to a judgment debt of ₦171,705.25 pursuant to a 1974 judgment; following non-payment, the High Court ordered, on 14 December 1990, the attachment and sale of his immovable properties. - The appellant unsuccessful

Case Details

Suit Number:CA/L/242B/95
Judges:SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Counsel:Adekunle Omowole, Esq; For Appellant Dr. F.A. Ajayi, SAN, (with him, T. A. Olukoya, Esq. and J. Agbana, Esq.) For Respondent
Other Citations:Alalade v. N.B.N. Ltd. (No.2) (1997) 8 NWLR (Pt.517)

UWAIFO, J.C.A. (Delivering the Leading Judgment): The appellant compiled record for the purposes of this appeal marked Exhibit A in an affidavit sworn by him on 24 July, 1995. He compiled a supplementary record marked Exhibit B in an affidavit sworn by him on 18 November, 1996. He omitted some vital documents such as (1) a ruling made on 14 December, 1990 which ordered the sale of the appellant's immovable properties for his failure to pay the judgment debt of ₦171,705.25 upon a judgment delivered against him on 3 July, 1974 pending an appeal against that ruling. The respondent had to compile a supplementary record to include a copy of that ruling; (2) a ruling made on 26 April, 1991 for the appellant to deposit the said sum of ₦171,705.25 with the Chief Registrar of the High Court, Lagos, as a condition for staying the execution of that ruling of 14 December, 1990.

By a motion dated 7 May, 1991, the appellant sought a variation of the order of stay made on 26 April, 1991. The record…

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