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EZEGBU
V.
F.A.T.B. LTD.

(1991) JELR 78401 (CA)

Court of Appeal 26 Jun 1991 Nigeria
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- The applicants filed an application to stay further proceedings in a suit pending before the Federal High Court, Lagos. - The applicants also sought to suspend the appointment of the Official Receiver to manage the affairs of the bank inv

Case Details

Judges:FRANCIS OLISA AWOGU, J.C.A.(Presided and Read the Leading Ruling), UMARU ATU KALGO, J.C.A., NIKI TOBI, J.C.A.
Counsel:Chief G.O.K. Ajayi, S.A.N. (with him, Chief C.J. Okoli, Professor U.U. Uche, Miss M.N. Onyiuke, A. A. Oriola and P. Nwakama) - for the Defendant/Applicants. Chief F.R.A. Williams, S.A.N. (with him, Mrs. O.M. Ayeni and T. E. Williams) - for the Plaintiff/Respondent/Objector
Other Citations:(1992) 1 NWLR (Pt. 216) 197

AWOGU, J.C.A. (Delivering the Leading Ruling): In this application, the applicants prayed the Court for:-

"(i) staying further proceedings in Suit No. FHC/L/M67/91 now pending before G.A.A.T. Jinadu, J. in the Federal High Court, Lagos, until the determination of the Motion on Notice filed herewith;

(ii)suspending the Order appointing the Official Receiver to manage the affairs of the 1st plaintiff/respondent Bank until the determination of the Motion on Notice filed herewith;

(iii)granting the Applicants' leave to make this Application in this Court notwithstanding that the same was not made to the court below."

The application was supported by an affidavit of 56 paragraphs, and five exhibits.

This was followed by another affidavit of 26 paragraphs and two exhibits, filed simultaneously with the Motion, on 12th June, 1991. On 17th June, 1991, the applicants filed a Further Affidavit in which they exhibited the Record of Proceedings before the trial Judge.

Almost simultaneously with the Fur…

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