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MBA
V.
NWOSU & ANOR

(2007) JELR 44074 (CA)

Court of Appeal 31 May 2007 Nigeria
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Case Details

Suit Number:CA/E/139M/2006
Judges:JAMES OGENYI OGEBE Justice of The Court of Appeal of Nigeria SOTONYE DENTON-WEST Justice of The Court of Appeal of Nigeria JIMI OLUKAYODE BADA Justice of The Court of Appeal of Nigeria
Counsel:Mr. E. A. Ibeziako (with him. P. O. Onyemelukwe, Esq.) For Appellant Mr. Ike Ogu For Respondent

BADA, J.C.A. (Delivering the Lead Ruling): This is an application dated the 17th day of May 2006 and filed on the same date in which the applicant prayed for the following reliefs:-

"(1) An order staying proceedings in suit A/238/2003 - Moses Mba v. Victoria Nwosu and another at High Court No. 1, Awka, Anambra State presided over by Hon. Justice Omegbolu Nri-Ezedi pending the determination of the appeal on the ruling of the said court dated 11/4/2006.

(2) An order staying execution of the award of ten thousand Naira (N I0.000.00) cost awarded against the plaintiff/applicant in favour of the defendants as a result of the plaintiffs request for an adjournment pending the determination of the appeal he filed on the ruling of the said Awka High Court.

(3) For such order or other orders as the court may deem fit to make in the circumstances."

In support of the application is an affidavit of 23 paragraphs.

The 1st and 2nd respondents opposed the application and they relied on a paragraph Co…

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