MBA
V.
NWOSU & ANOR

(2007) JELR 44074 (CA)    

Court of Appeal  ·  CA/E/139M/2006 ·  31 May 2007 ·  Nigeria
 · 
Other Citations
Mba v. Nwosu (2008) 3 NWLR (Pt. 1074) 329
CORAM
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
Core Terms Beta
applicant
court
application
stay of proceedings
affidavit
order
lower court
counsel
court of appeal
proceedings
court of appeal rules
preliminary objection
appellate court
learned counsel
determination of the appeal
favour of the defendants
lead counsel
lead ruling
learned trial judge
notice of appeal
scnj page
special circumstances
support of the application
17th day of may
2nd respondents
anambra state
chief o. b. onyali san
execution of the award
following cases
following reliefs
full record
fundamental principle of law
high court no.
high court no.1
illiterate 1st defendant
inter alia
issue of stay of proceedings
n i0.000
paragraph counter-affidavit
proceeding of the court
result of the plaintiffs request
ruling of the lower court
ruling of the said awka high court
ruling of the said court
similar purpose
such order
suit a
trial court
true copy of the proceedings

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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