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DANTATA & ANOR.
V.
MOHAMMED

(2011) JELR 46083 (CA)    

Court of Appeal  ·  CA/L/172B/08 ·  2 Nov 2011 ·  Nigeria
CORAM
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
appeal
rule
rules
stay of execution
order of stay of execution
appellants
records of appeal
learned trial judge
fair hearing
high court
lagos high court
lower court
civil procedure
compilation of the records
2nd appellant
circumstances of this case
following cases
high court of lagos state
lagos state rules
order of stay
provisions of order
senior counsel
trial court
1st appellant
advantage of the rules
agric insurance corporation
bank of nigeria plc
constitutional principle of fair hearing
constitution of the federal republic of nigeria
discharge of the order of stay
extent court of appeal rules
grant of stay of execution
joint notice of appeal
judicial process
leading judgment
learned trial judgment
only way
para h
provisions of the aforementioned order
ruling of the high court
ruling of the high court of lagos state
ruling staying execution
second option
separate applications
separate notices of appeal
strict interpretation of order
such interpretation
unconditional stay of execution

HELEN M. OGUNWUMIJU, JCA (DELIVERING THE LEADING JUDGMENT): This is an appeal against the ruling of the High Court of Lagos State delivered by Hon. Justice E.O. Williams Dawodu on 29th January 2007. The stark facts which led to this appeal are that the Appellants herein were the Defendants at the lower court against whom the Respondent sued for possession due to failure of performance.

The Lagos High Court delivered judgment on 21st February 2005 granting reliefs (a), (b), (c) and (g) of the Claimant's reliefs. Both the Defendants appealed and filed separate notices of appeal. They have been heard on appeal as CA/L/172/08 and CA/L/172A/08 respectively, They however entered joint notice of appeal against the ruling and the appeal has been entered as CA/L/172B/08 on 29th June 2006, the Lagos High Court, after hearing two separate applications for stay of execution by each of the Appellants, granted unconditional stay of execution with regards to the possession and injunctive reliefs gra…

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