MOBIL OIL NIGERIA PLC.
V.
RABIU

(2001) JELR 57806 (CA)    

Court of Appeal  ·  CA/J/141M/2001 ·  3 Dec 2001 ·  Nigeria
CORAM
IBRAHIM TANKO MUHAMMAD, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA ISA ABUBAKAR MANGAJI, JCA (Read the Lead Judgment)
Core Terms Beta
applicant
court
application
motion
respondents
learned trial judge
judgment sum
court of appeal
grounds of appeal
better affidavit
ground of appeal
judgment creditor
exhibit a2
judgment of the court
stay of execution of the judgment
determination of the appeal
exceptional circumstances
further step
honourable justice m. oyetunde
situation of complete helplessness
special circumstances
subject of appeal
successful litigant of the fruits of his success
above listed items
above order
alhaji garba rabiu
attitude of the supreme court
delivery of the said items
earlier application of similar nature
equitable relief
following orders
follow up
form of stay of execution
important things
issue of the collection of the items
judgment of oyetunde j. of the high court
lead judgment
main judgment
mr. akubo of counsel
outcome of the suit
plateau state
respective case
ruling of the learned trial judge
said judgment debt
said money
solomon umoh of counsel
special circumstance
stay of execution of the orders
valid order
whole judgment debt

MANGAJI, JCA (Delivering the Lead Judgment): This application which seeks for the equitable relief in the form of stay of execution was brought by the applicant understandably after the judgment of the court below was given against it and after an earlier application of similar nature made by it at the court below was struck out primarily because learnedcounsel who appeared for the applicant had refused to argue same contending as she did, “ I am ready. I cannot move this motion ”. (See exhibit A2). After having struck out the motion the learned trial Judge made the following orders:- “Order:- The motion is struck out with N1,500 costs. The application for relisting if any shall not be filed, in other words the applicant shall take no further step in this matter until the whole judgment debt and costs are paid into court. If the said judgment debt and costs are not paid into court within 14 days from today, the judgment creditor shall be free to levy execution for the recovery of …

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.

Get started   Login