(1989) JELR 40249 (CA)    

Court of Appeal  ·  CA/E/34M/89 ·  15 Nov 1989 ·  Nigeria
Other Citations
Chukwu v. Onyia (1990) 2 NWLR (Pt.130)
IDRIS LEGBO KUTIGI Justice of The Court of Appeal of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria SAMSON ODEMWINGIE UWAIFO Justice of The Court of Appeal of Nigeria
Core Terms Beta
stay of execution
lead ruling
grounds of appeal
1st defendant
judgment debt
onitsha high court
27th march
2nd defendant
accurate account
act of the 2nd defendant
attorney-general of the federation
case of balogun v
course of
driver of the 1st defendant
false information
following vehicles
full value of the judgment
further affidavit
grant of an order
guise of poverty
incalculable harm
judgment alleging
little money
main principles
main strength
nicannar food co. ltd.
particular case
present economic situation
prosecution of the appeal
registration no. lac
registration no. lad
registration no. oy
relevant facts
said amount
see vaswani trading co. v
serious detriment
special circumstances
stay of execution of the judgment
successful party
trial judge
true spirit
ultimate result

UWAIFO, J.C.A. (Delivering the Lead Ruling): On 27th March, 1987 at the Onitsha High Court, Olike, J., gave judgment for the plaintiff/respondent for the sum of N14,592.00 with costs of N250.00. The said amount was the value of 304 cartons of Unipetrol motor oil which the defendants negligently lost in a bailment contract. The 2nd defendant was said to be the driver of the 1st defendant who drove the vehicle conveying the said goods at the material time.

The 1st defendant has appealed against that judgment alleging that the evidence was not properly considered by the Judge to the effect that he was vicariously liable for the act of the 2nd defendant in the course of driving the first defendant's vehicle. He sought a stay of execution of the judgment at the court below which was refused by Aneke, J., on 11 November, 1988.

In his application filed in this Court on 22nd March, 1989, the 1st defendant now seeks an order of this court for a stay of execution. In the affidavit in support, …

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