MARTINS v NICANNER

(1988) JELR 80447 (SC)    
Supreme Court  ·  SC. 230/1986 ·  25 Mar 1988 ·  Nigeria
 · 
Other Citations
(1988) 2 NWLR 75 at 83
CORAM
AUGUSTINE NNAMANI, J.S.C.(Presided and Read the Lead Judgment) MUHAMMADU LAWAL UWAIS, J.S.C. SALIHU MODIBBO ALFA BELGORE, J.S.C. PHILIP NNAEMEKA-AGU, J.S.C. ABUBAKAR BASHIR WALI, J.S.C.
Core Terms Beta
appeal
court
court of appeal
stay of execution
1st defendant
case
2nd defendant
federal high court
grounds of appeal
special circumstances
status quo
high court
determination of the appeal
grant of stay of execution
substantial issue of law
3rd defendant
bags of cement
date of the order of this honourable court
further order
lead judgment
leave of this court
refund of the sum of n700,000
statement of claim
stay of execution of the judgment
supply of the said cement
trial court
4.that justice of this matter
bank shows
cases of akinsanya v
central bank of nigeria regulations directions
circumstances of the plaintiff company
civil cases
conditional stay of execution of the judgment
course of the trial
decision of this honourable court
error of law
following reliefs
issue of jurisdiction of the trial court
judgment today
learned justices of the court of appeal
ltd. v
performance of such conditions
recondite points of law
said sum of n700,000
s.c. l
substantial points of law
successful litigant of the fruits of his success
suit no. fhc
title deeds

NNAMANI, J.S.C. (Delivering the Lead Judgment): On 13th January, 1988, the appeal to this Court in this Suit was argued. After hearing learned counsel, and having read all the papers, I allowed the appeal and granted a conditional stay of execution of the judgment of the Federal High Court dated 4th March, 1985 pending the determination of the appeal in the Court of Appeal. I indicated that I would give my reasons for this judgment today. I now give my reasons.

In Suit No. FHC/L/27/81, the Plaintiff/Respondent sued the 1st defendant/appellant/applicant and 4 others claiming the following reliefs:-

"(1) An order for the refund of the sum of N700,000. (Seven hundred thousand Naira) paid by the plaintiff to the 1st defendant by two separate cheques No. 0028199 of the 3rd October, 1977 and No. 0018218 of the 24th October, 1977 being the full purchase price of 223,000 bags of cement sold to the plaintiff by the 1st defendant. The cement was said to have been shipped by the 3rd Defendant in t…

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