(2002) JELR 44739 (CA)    

Court of Appeal  ·  CA/L/508M/2001 ·  15 May 2002 ·  Nigeria
Other Citations
Kosofe L. G. v. Demuren [2003] 9 NWLR (Pt.826) pg. 435
SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria CHRISTOPHER MITCHELL CHUKWUMA-ENEH Justice of The Court of Appeal of Nigeria AMIRU SANUSI Justice of The Court of Appeal of Nigeria
Core Terms Beta
stay of execution
exceptional circumstances
determination of the appeal
grant of application
instant case
lagos state high court
successful litigant
successful party
account of a reputable bank
alternative grant
applicant resource
basic principles
case of gani fawehinmi v
celebrated case of the anot lyle
certified copy of judgment of the lower court
circumstances of this case
consideration of an appeal court
court of appeal rules
execution of the ruling
fruit of his judgment sum
honourable court
leading ruling
learned counsel
legal proceedings
litigant of his constitutional right
locus classicus
lower court
main reason
mr. o. oyenuga
nigeria distilleries ltd.
notice of appeal
paragraph affidavit
plethora of cases of the supreme court
question of conditional stay of execution
registered trustees of the ahmaddiya movement
ruling of the lower court
status quo
stay of execution of the ruling
subject-matter of the litigation
submission of both learned counsel
substantial issue of law
such further order
support of this application
trite law
weak financial position of the applicant

GALADIMA, J.C.A. (Delivering the Leading Ruling): This is a motion on notice, brought by the appellant pursuant to Order 3 rules 3 (1) (3) and (4) of the Court of Appeal Rules, 1981, praying the court for the following reliefs:

1. An order extending the time, within which to apply for the stay of execution of the ruling, dated 25th April, 2001.

2. An order staying the execution of the ruling dated 20th April, 2001, pending the determination of the appeal filed by the appellant/applicant.

3. And for such further order or orders as this Honourable Court, may deem fit to make in the circumstances of this case.

The application is supported by a 20 paragraph affidavit. On 2/5/2002, applicant filed further affidavit containing 15 paragraphs.

The respondent filed counter-affidavit of 15 paragraphs in opposition to the application. Applicant attached a number of documents, which are marked exhibits' A', 'A1' , and 'B', being the notice of appeal, treasury receipt, and the ruling of the lower …

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