Ratio DecidendiRatio Decidendi



CONSTRUZIONI GENERALI FARSURA COGEFAR-S. P. A.
V.
NPA & ANOR

(1972) JELR 44112 (SC)    

Supreme Court  ·  SC.143/1971 ·  15 Dec 1972 ·  Nigeria
 · 
Other Citations
(1972) All N.L.R 947 (1972) 12 S.C. 71
CORAM
GEORGE BAPTIST AYODOLA COKER Justice of The Supreme Court of Nigeria ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria

Ratio Decidendi

Core Terms Beta
stay of execution
court
order
applicants
high court
conditions
application
judgment
present applicants
1st respondents
nigerian ports authority
pounds
section
plaintiffs
supreme court act
1st defendants
parties
7th february
appeal
said bank
supreme court
1st defendant
2nd defendant.the claim
affidavit of counsel
common ground
common sense
credit of the 1st defendants
determination of their appeal
event of an order of this honourable court
event of the supreme court
exercise of its jurisdiction
facts of the case
favourable conditions
filed.the application of the plaintiffs
following observations
fresh order
g. b. a. coker
inter alia
leading ruling
matters of substantive law
necessary jurisdiction
n.l.r. pt49
performance of such conditions
present application states
said defendants
standard bank of nigeria limited
stay of execution of the judgment debt
such order
type of order
very language of the relevant law

G. B. A. COKER, JSC (Delivering the Leading Ruling): This ruling concerns an application by Messrs. Construzioni Generali Farsura Cogefar-S. P. A. (1st defendant) for an order:

"Directing that the terms upon which stay of execution was ordered by the court below should be modified by permitting the Chief Registrar of the High Court of Lagos State to instruct the Standard Bank of Nigeria Limited to place the sum of 3287 pounds,986 to the credit of the 1st defendants upon the said defendants providing a guarantee from the said Bank to refund the money aforesaid or any part thereof in the event of an order of this Honourable Court to that effect."

The application is supported by an affidavit of counsel for the applicants and indeed most of the facts of the case are set out in that affidavit. It appears that the applicants were defendants in an action instituted in the High Court, Lagos, in which the plaintiffs were the Nigerian Ports Authority, the applicants were the 1st defendants and …

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