BELLO
V.
ADEOKUN

(2002) JELR 54074 (CA)

Court of Appeal 2 Jul 2002 Nigeria
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Case Details

Suit Number:CA/375/57
Judges:SULEIMAN GALADIMA, JCA (Presided and Read the Lead Judgment) PIUS OLAYIWOLA ADEREMI, JCA AMINU SANUSI, JCA
Counsel:Chief Bisi Adegunle (with him, K. Siji Fasode) - for the Appellants. -*- Ekene Ohwovoriole Esq. - for the Respondents.

GALADIMA, JCA (Delivering the Lead Judgment): This is an appeal against the ruling of Obadina, J. as he then was delivered on 14/4/94 granting a stay of execution on the judgment delivered by Onalaja, J. as he then was on 18/6/93. The facts of the case briefly put were that by motion dated 15/7/93the defendant/respondents prayed the lower court for an order staying the execution of the judgment of that court since they had appealed to this court challenging the competence and jurisdiction on the said lower court to adjudicate in the matter especially as they were served the court processes out of jurisdiction without the leave of court. As it has been borne above, in hisconsidered ruling having had due regard to the grounds of appeal, Obadina, J. as he then was ordered for stay of execution of the judgment of the lower court pending the determination of the appeal lodged against the said ruling. Dissatisfied with this ruling the plaintiffs/appellants appealed to this court on three …

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