(2002) JELR 44709 (CA)    

Court of Appeal  ·  CA/1/12/2000 ·  6 Mar 2002 ·  Nigeria
Other Citations
Gov., Oyo State v. Akinyemi (2003) 1 NWLR (Pt 800) pg. 1
MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria FRANCIS FEDODE TABAI Justice of The Court of Appeal of Nigeria OLUFUNLOLA OYELOLA ADEKEYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
supreme court
issue of jurisdiction
trial court
garnishee order
garnishee proceedings
determination of the appeal
garnishee proceeding
high court
favour of the respondent
lead ruling
mr. ishola
nicannar food co. ltd.
special circumstance
appeal no. ca
bona fide
conditional stay of the judgment
senior advocate
stay of execution of the judgment
17-paragraph counter-affidavit
alternative stay of the ruling
attention of court
cases of martins v
civil litigation
court of appeal act
court of appeal rules
court session
execution of its judgment
exercise of judicial power
further appeal
grant of stay of execution
issue of lack of jurisdiction
judgment of the court of appeal
laws of the federation of nigeria
learned counsel
lower court
nisi pay
notice of appeal
paragraphs affidavit
raise issue of jurisdiction
relevant paragraphs of the affidavit
said sum
submission of mr. akeredolu
sum of n14
unanimous decision
way of reply

ADEKEYE, J.C.A. (Delivering the Lead Ruling): During court session on the 24th of January, 2002, Mr. Ishola, Director Civil Litigation - Ministry of Justice, Oyo State, moved that an order for stay of execution of the judgment delivered by this court in appeal No. CA/1/12/2000 on the 7th of December, 2000, be granted pending the determination of the appeal lodged against the judgment at the Supreme Court. The enabling statutes are section 18 of the Court of Appeal Act, Cap. 75, Laws of the Federation of Nigeria, 1990, and rules, 3(1) of the Court of Appeal Rules 1981 as amended.

The application is supported by 20 paragraphs affidavit and 8 paragraphs further and better affidavit. Documents attached as exhibits include the judgment on appeal to the Supreme Court, notice of appeal, an affidavit sworn to by the respondent pursuant to Order 23 rule 1 of the High Court (Civil Procedure) Rules, 1988, bond entered by the appellant in the sum of N14, 350,000.00, motion filed on 3/1/2002 to di…

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