DTN PLC
V.
KUSAMOTU

(2002) JELR 44415 (CA)    

Court of Appeal  ·  CA/L/388/99 ·  30 May 2002 ·  Nigeria
 · 
Other Citations
D.T.N Plc v Kusamotu (2002) 15 NWLR (Pt.790)401
CORAM
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
applicant
respondent
judgment debt
counter-affidavit
honourable court
lower court
judgment sum
exceptional circumstances
preliminary objection
stay of execution of the judgment
2nd march
ruling of the lower court
said money
alhaji o. kusamotu
appeal of the appellant
determination of the appeal
exhibit b1
further extension of the time limit
guiding principles
last annual return
learned counsel
legal adviser
notice of discontinuance of this appeal
suit no. ld
20th day of january
account of the appellant
annual general meeting
audited account
conditional stay of execution of the judgment
execution of the final judgment of the lagos state high court
grant of stay
grant of stay of execution
high court
honourable chief justice
honourable justice o. o. obadina
jurisdiction of this honourable court
lagos state high court
liberal term
mr. rotimi jacobs of counsel
name kusanitu
notice of appeal
notorious fact
paragraph affidavit
serious financial difficulties
special circumstances
stay of execution of the said order
support of the application

GALADIMA, J.C.A. (Delivering the Leading Ruling): The applicant brought an application on 20/4/2000, praying for the following:

"1. An Order staying execution of the final judgment of the Lagos State High Court, per Honourable Justice O. O. Obadina (as he then was) delivered on 23rd October, 1998.

ALTERNATIVELY

An order granting stay of execution of the judgment of the Lagos State High Court, delivered in this suit on 23rd October, 1998, upon a liberal term, than the one granted by the trial High court.

ALTERNATIVELY

An order varying the terms of the order made by the Honourable Chief Justice, Christopher Segun, made herein on the 20th day of January, 2000."

The applicant filed in support of the application, a 12 paragraph affidavit to which were annexed several documents as exhibits, namely notice of appeal, exhibit 'T01'; ruling of the lower court delivered on 29/1/2000 exhibit 'T02'.

The respondent filed a counter-affidavit of 31 paragraphs on 5/6/2000, while the applicant filed a …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login