(2003) JELR 44953 (CA)    

Court of Appeal  ·  CA/A/25/M/2003 ·  22 May 2003 ·  Nigeria
Other Citations
Lingo (Nig.) Ltd. v. Nwodo [2004] 7 NWLR (Pt.874)30
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria ZAINAB ADAMU BULKACHUWA Justice of The Court of Appeal of Nigeria ALBERT GBADEBO ODUYEMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
judgment sum
bank guarantee
lower court
trial court
stay of execution
order of the honourable court
registry of the lower court
favourable terms
general rule
i. u. bello
judgment debtors
albert gbadebo oduyemi
case of dtn plc
city mark
conditional stay of execution of the lower court
contention of the learned counsel
court of appeal act
court of appeal rules
deposit of the judgment sum
execution of the judgment of honourable justice
exhibits c
experienced cases of exhibits
final determination of the appeal
financial institution
following reliefs
ibrahim tanko muhammad
leading judgment
learned trial judge of the lower court
officials of the court
order of the said justice
paragraph affidavit
position of the law
respondent placed reliance
special circumstances
such special circumstances
terms of the stay
trial courts registry
variation of the conditions of the order
way of variation of his consequential order
zainab adamu bulkachuwa

IBRAHIM TANKO MUHAMMAD, J.C.A. (Delivering the Leading Judgment): In an application filed on 13/2/2003, the applicants prayed for the following reliefs:

"1. AN ORDER of the Honourable Court staying execution of the judgment of Honourable Justice, I. U. Bello, delivered on the 18th day of November, 2003 (sic) by way of variation of his consequential order for stay of execution.

2. AN ORDER of the Honourable Court varying the order of the said Justice, I. U. Bello, ordering that the judgment sum be paid into court, until the final determination of the appeal.

3. AN ORDER of the Honourable Court directing the appellants/applicants to deposit with the said court banker's guarantee to cover the judgment sum in lieu of depositing the judgment sum before the lower court."

The following three grounds were set out in the application in support of the reliefs:

"1. The High Court of the Federal Capital Territory Judiciary has in the time past, experienced cases of exhibits in court being sold an…

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