G. CAPPA LTD.
V.
ATT.-GEN., FEDERATION

(2002) JELR 51144 (CA)    

Court of Appeal  ·  CA/L/179M/2000 ·  25 Jun 2002 ·  Nigeria
CORAM
SULEIMAN GALADIMA, JCA (Presided) PIUS OLAYIWOLE ADEREMI, JCA (Read the Lead Ruling) AMIRU SANUSI, JCA
Core Terms Beta
plaintiff
2nd defendant
judgment
para
application
respondent
27th march
9-paragraph counter-affidavit
federal government
further counter-affidavit
second defendant
further affidavit
lead ruling
learned trial judge
order
payment of the sum of n730,000.00
present application
special circumstances
writ of execution
15-paragraph affidavit
9th april
complete agreement
copy of the judgment of the court
determination of the appeal
execution of the decision
exercise a
facts of the case
federal high court
final submission
granting leave
grant of the prayer
grounds of appeal
interest of the successful litigant
issue of dividends
judgment of the court of appeal
legal practitioners
legitimate entitlements of the plaintiff
ownership of certain ordinary shares
photocopy of the judgment
prayingthis court
ruling of hon. justice abutu
ruling of that court
said application
said judgments
said shares
second defendant company
similar application
six-paragraph reply affidavit of the 2nd defendant
stay of execution of the decision
successful party

ADEREMI, JCA: (Delivering the Lead Ruling): By its application dated and filed on 9th April, 2001, the 2nd defendant/applicant is prayingthis court for an order staying the execution of the decision contained in the ruling of Hon. Justice Abutu sitting at the Federal High Court, Lagos which ruling was delivered on 3rd of November 1998 granting leave to the plaintiff/respondent to issue a writ of execution to enforce payment of the sum of N730,000.00 allegedly payable by the said 2nd defendant pending the hearing and determination of the appeal lodged by the said 2nd defendant/applicant. A similar application had earlier been brought before the court below and refused by the ruling of that court delivered on the 19th April 2000 on the ground that no special circumstances have been shown. The present application is supported by a 15-paragraph affidavit to which are attached four exhibits, nine-paragraph further affidavit to which an exhibit is attached and a six-paragraph reply affida…

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