COMEX LTD.
V.
NIGERIA ARAB BANK LTD.

(1997) JELR 45469 (SC)    

Supreme Court  ·  SC.102/1995 ·  4 Apr 1997 ·  Nigeria
 · 
Other Citations
Comex Ltd v. N.A.B Ltd (1997) 3 NWLR (Pt.496) 643
Comex Ltd. v. N.A.B. Ltd. (1997) 3 NWLR (Pt. 496) 643
CORAM
ABUBAKAR BASHIR WALI Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria UTHMAN MOHAMMED Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria
Core Terms Beta
court
law
appeal
court of appeal
ground
grounds of appeal
stay of execution
case
ground of appeal
mr. akinrele
j.s.c
lower court
high court
mr. akinyemi
following cases
learned justices of the court of appeal
particulars of error
unconditional stay of execution
stay of further proceedings
further proceedings
statement of claim
grant of such unconditional stay
grounds of complaint of the applicant
learned trial judge
stay of execution of the judgment
trial court
unconditional stay of execution of the judgment
decision of the supreme court
defence counsel
exercise of discretion
question of grant
second school of thought
unreported decision of the court of appeal
determination of the appeal
first school
grey area
grounds of fact of grounds
high court of lagos state
interlocutory decision of the court of appeal
issue of the competence of the appeal
judgment of this court
leading judgment
manner of the exercise of discretion
okafor v. nnaife
proof of the facts
return of the title deed
stage defence counsel
unanimous decision
unconditional stay of execution of the said judgment

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal is against an interlocutory decision of the Court of Appeal granting to the respondent an unconditional stay of execution of the judgment of the High Court of Lagos State delivered on 16th May, 1995. The plaintiff who is the appellant before us had sued the defendant (now the respondent) claiming various declarations, an order directing the return of the title deed, N12 million damages and interest on the damages claimed. Pleadings were ordered, filed and exchanged. At the trial before Akande, J. the plaintiff led evidence and closed its case. In the course of the evidence of the 1st witness for the defence, defence counsel sought to tender a document. On the objection of plaintiff's counsel, the document was rejected by the trial court. At that stage defence counsel intimated that he was appealing against the court's ruling rejecting the document in evidence and applied that further proceedings be stayed. The trial…

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