(1997) JELR 45503 (CA)    

Court of Appeal  ·  CA/PH/94M/97 ·  12 Jun 1997 ·  Nigeria
Other Citations
Hart v. T.S.K.J. (Nig.) Ltd. (1997) 8 NWLR (Pt.517)
Shell Pet. Dev. Co. (Nig) Ltd, v. Edamkue (1998) 13 NWLR (Pt. 580) 123
Hart v. T.S.K.J. (Nig.) Ltd. (1997) 8 NWLR (Pt. 517) 424
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Court of Appeal of Nigeria RAPHAEL OLUFEMI ROWLAND Justice of The Court of Appeal of Nigeria MORONKEJI OMOTAYO ONALAJA Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
court of appeal rules
preservation of the subject matter of the litigation
contention of the learned counsel
mr. l.e. nwosu
reserved 1st year
similar application
determination of this appeal
question of preservation of the subject matter
substantive prayer
said agreement
registrar of this court
mr. dokubo
notice of appeal
own case
lead ruling
year lease of the appellants
respondent t.s.k.j. nigeria limited
following reliefs
subject matter
grounds of appeal shows
union bank of nigeria plc
part of the usd
preservation of property reference
interest of the applicants
maintenance of the status quo
commercial purpose
support of the application
substantive appeal
mr. abigo
innocent bystander posture of the 1st respondent
sum of usd
contract 25th edition page
submission of the learned counsel
ruling of the lower court
foreign currency
status quo
2nd respondent
part of the decision
wild goose chase
arguable appeal
said motion
supreme court

ROWLAND, J.C.A. (Delivering the Lead Ruling): This is a motion brought pursuant to Order 3 Rules 1 - 4 and Rules 23 of the Court of Appeal Rules, 1981 praying this court for the following reliefs:

"1. An Order in the interim directing the 1st respondent herein to pay over to the Registrar of this court the sum of USD$360,000 being and representing the reserved 1st year's rent due since September 1996 and such other sums forming part of the USD$700,000 agreed to be paid by 1st respondent (as the same may fall due from time to time) on account of an 8 year lease of the appellants' land in Bonny now in dispute currently being commercially used by the 1st respondent) and for the same to be domiciled in an interest yielding foreign currency domiciliary account with either the Union Bank of Nigeria PLC, First Bank of Nigeria PLC or other reputable bank in Port Harcourt pending the determination of this appeal.

2. Any further or other Orders as this Court may deem fit."

The motion is support…

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