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GLOBAL MEDICAL CARE (UK) LTD. & ORS.
V.
MEDICAIR (WEST AFRICA) LTD. & ANOR.

(1997) JELR 45495 (CA)

Court of Appeal 17 Jul 1997 Nigeria
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- The case involves the arrest of an air ambulance by an ex parte court order. - The applicants sought to vacate the arrest order, arguing that it was unjustifiably converted into an interlocutory order. - The applicants emphasized the urge

Case Details

Suit Number:CA/L/232M/97
Judges:SAMSON ODEMWEGIE UWAIFO Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria IGNATIUS CHUKWUDI PATS-ACHOLONU Justice of The Court of Appeal of Nigeria
Counsel:Dr. Tunji Braithwaite (with him, O. Braithwaite) For Appellant A. Anagbola (with him, Charles Badea) For Respondent
Other Citations:G.M.C. (UK) Ltd. v. Medicair WA Ltd. (1998) 2 NWLR (Pt.536)

PATS-ACHOLONU, J.C.A. (Delivering the Leading Judgment): On 14th day of May, 1997, an aircraft - an air ambulance which was to be used to carry a patient with kidney trouble was arrested by the order of the court below made ex parte. This court on an application, granted interim relief by way of lifting the arrest order temporarily pending the determination of the motion on notice filed on 21/5/97. The motion of 21/5/95 seeks for a prayer vacating the arrest of the Aircraft with Reg. No. N155AV now under arrest at the Domestic wing of Murtala Mohammed Airport, Ikeja.

The pertinent order of the court below which bothered the applicants reads as follows:

1. That the defendants, whether by themselves, their servants, agents privies or otherwise whatsoever from removing from the jurisdiction, disposing of and/or dealing with their assets within the jurisdiction of this honourable court and in particular that aircraft model/type lock head jetstar 73 with registration/callsign No. N155AV wh…

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