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IVORY MERCHT BANK
V.
PARTNERSHIP INV. LTD.

(1995) JELR 76933 (CA)

Court of Appeal 10 Aug 1995 Nigeria
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- Plaintiff (Partnership Investment Ltd.) sued Ivory Merchant Bank Ltd. and a co-defendant for N21 million with interest, obtaining a Mareva injunction from the High Court in December 1994 to restrain the defendants from operating certain a

Case Details

Judges:SAMSON ODEMWINGIE UWAIFO, J.C.A. (Presided), EMMANUEL OLAYINKA AYOOLA, J.C.A. (Read the Leading Ruling), IGNATIUS CHUKWUDI PATS-ACHOLONU, J.C.A.
Counsel:O. Agbakoba (with him, N.I. Quakers) -for the applicant Chief D. Akande SAN (with him, E. Oboh) - for the Respondent
Other Citations:(1996) 5 NWLR (Pt. 448) 362

AYOOLA, J.C.A. (Delivering the Leading Ruling): There are before us two applications by the Ivory Merchant Bank Ltd. ("applicant"). The second and more important of the two applications is dated 2nd June, 1995, and is for an order staying execution of the judgment of the Lagos State High Court delivered on June 1, 1995 pending the hearing and determination of the appeal filed by the applicant from the said judgment. The first of the two applications, is dated 3rd February, 1995 and is for an order discharging or varying "and/or suspending" an order of Mareva injunction made by the same High Court on December 1,1994 pending the hearing and determination of the appeal filed against the said order and in the


alternative staying execution of the order. There was also subjoined a prayer for an order tostay the entire proceedings in the suit LD/4776/94.

Partnership Investment Ltd., ("the plaintiff/respondent"), brought an action (Suit LD/4776/94) against the applicant and Dr. Edwin Onwudiwe (…

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