MORTUNE
V.
GAMBO

(1979) JELR 46314 (SC)    

Supreme Court  ·  SC.56/78 ·  19 Apr 1979 ·  Nigeria
 · 
Other Citations
MORTUNE v. GAMBO (1979) 3-4 S.C. (REPRINT) 36
CORAM
ATANDA FATAYI-WILLIAMS Justice of The Supreme Court of Nigeria CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria
Core Terms Beta
application
respondent
applicant
defendant
passports
court
3rd deponent
chief williams
counsel
defence
determination
federal court of appeal
issue estoppel
learned trial judge
observation
stay of execution
trial
view
a. fatayi-williams
averment of seizure
bona fide
care
case
course
course of his argument
criminal case
date of the said order
decision of the federal court of appeal
fact
following extract
force c.i.d. ikoyi
hearing of his main appeal
high court
high court of lagos state
inference
instruction of the defendant
leading ruling
main issue
offence
part of the plaintiff
passports of the plaintiff
pertinent observation
point
ruling of the federal court of appeal
stay of execution of the order
superintendent of police alfred sadeh
support
support of the application
trial judge
useful purpose

A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Ruling): This is an application for leave to appeal from the decision of the Federal Court of Appeal refusing to order a stay of execution of the order of the High Court of Lagos State made on 5th July, 1978, that the defendant/appellant should return the two passports of the plaintiff/respondent to him within three days from the date of the said order. The High Court had earlier, on 31st August, 1978, to be precise, refused an application for a stay of execution of the same order. In refusing the application for stay, the learned trial Judge observed:-

"Although Superintendent of Police Alfred Sadeh, who I shall refer to hereafter as the '3rd deponent', did not disclose what offence or offences he is now investigating against the respondent, he must have known since he came into this matter that part of the plaintiff/respondent's claim was the return to the respondent, of the latter's passports which were said to have been seized on …

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