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…
G. CAPPA LTD.
V.
ATT.-GEN., FEDERATION
(2002) JELR 51144 (CA)
Court of Appeal 25 Jun 2002 Nigeria
BriefBot Summary
- The 2nd defendant/applicant is seeking an order to stay the execution of a ruling that granted the plaintiff/respondent the right to issue a writ of execution to enforce payment of N730,000.00. - The application is supported by affidavits
Case Details
Suit Number:CA/L/179M/2000
Judges:SULEIMAN GALADIMA, JCA (Presided) PIUS OLAYIWOLE ADEREMI, JCA (Read the Lead Ruling) AMIRU SANUSI, JCA
Counsel:Chief (Mrs.) A.Williams, SAN (with her, Mrs. E. Etomi) - for the G
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2nd Defendant/Application.
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Mr. Patrick Okoh - for the Plaintiff/zespondent.
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