MANUFACTURERS MERCHANT BANK LTD.
V.
JOHN EDGE AND COMPANY NIGERIA LTD.

(1997) JELR 45493 (CA)    

Court of Appeal  ·  CA/L/206M/96 ·  11 Feb 1997 ·  Nigeria
 · 
Other Citations
M.M.B. Ltd. v. John Edge & Co. Ltd. (1997) 10 NWLR (Pt.524)
CORAM
DAHIRU MUSDAPHER Justice of The Court of Appeal of Nigeria RABIU DANLAMI MUHAMMAD Justice of The Court of Appeal of Nigeria EMMANUEL OLAYINKA AYOOLA Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
application
applicant
respondent
stay of execution
motion
execution
high court
rule
28th june
case
default judgment
levy of execution
prayer
sum of n3,794,089.88
28th day of june
court of appeal rules
execution of the said judgment
such application
27th june
background facts
chief registrar of this court
determination of the appeal
execution of the order
fait accompli
following orders
ground of the alleged wrong fullness
grounds of the application
grounds of the present application
high court of lagos state
i.b.w a.
instance of the applicant
june
leading judgment
manufacturers merchant bank ltd.
notice of appeal
notice of preliminary objection
present application
present case
preview of the ruling of my lord ayoola j.c.a.
registry of this honourable court
ruling of mrs. justice i.a. sotuminu
said levy of execution
sotuminu j
special circumstances
stay of execution of the order
sum of n3,277,466.85
support of such application
whole essence of such prayers
whole proceedings

AYOOLA, J.C.A. (Delivering the Leading Judgment): The background facts relevant to the application with which this ruling is concerned can be shortly stated. Manufacturers Merchant Bank Ltd. (now referred to as "the applicant") sued John Edge and Co. (Nig.) Ltd. (now referred to as "the respondent") in the High Court of Lagos State claiming a sum of N3,277,466.85 being balance alleged to be outstanding on credit facilities it granted to the respondent. On June 5, 1995 the applicant obtained a default judgment against the respondent in the sum of N3,794,089.88 inclusive, it would appear, of interest. That sum was paid by the respondent to the applicant on execution being levied at the instance of the applicant. On an application by the respondent, Sotuminu, J. on 21stIune 1996 set aside the default judgment and the execution of the said judgment and ordered that the "sum of N3,794,089.88 which the plaintiff/respondent collected from the defendant/applicant in execution of the said judg…

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