MURPHIS BURGER NIGERIA LTD.
V.
EGBE

(2010) JELR 49323 (CA)    

Court of Appeal  ·  CA/L/272M/2008 ·  23 Apr 2010 ·  Nigeria
CORAM
RAPHAEL CHIKWE AGBO Justice of The Court of Appeal of Nigeria IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria REGINA OBIAGELI NWODO Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
applicant
application
judgment
appeal
execution
conclusion
notice of appeal
stay of execution
brother
court of appeal act
determination
effect
execution of the judgment of the trial court
issue
judgment of the trial court
order
parties
prayer
trial court
17th march
additional ground raises
adeniran ogunsanya street
bilante international ltd
circumstance of this appeal exercise
circumstances of this appeal
considered judgment
date
execution of the judgment of a court
further ground of appeal
grant of a stay of execution.the respondent
grounds of appeal
high court of lagos state
ibrahim
immediate possession of no.
judgment of this court
lagos division
leading ruling
lease agreement
order of this court
orders of the court of appeal
raphael chikwe agbo
regina obiageli nwodo
rule
rules of this court
special circumstances
status quo
subject matter of litigation stay of execution
suit no. m
supreme court

RAPHAEL CHIKWE AGBO, J.C.A.(Delivering the Leading Ruling): The applicant was the defendant in Suit No. M/9/2005 at the High Court of Lagos State sitting at its Lagos Division. In a considered judgment the trial court on 17th March, 2006 adjudged the plaintiff entitled to immediate possession of No. 37 Adeniran Ogunsanya Street, Surulere, Lagos the lease agreement between the parties having been determined and N400,000.00 per annum Mesne profit from 1st September, 2004 till vacant possession is given up. Dissatisfied with this judgment the appellant by a notice of appeal dated and filed on 20th March, 2006 appealed against the judgment of the trial court to this court. On 8th April, 2008 this court pursuant to Order 17 Rule 10 of the Rules of this court dismissed the appeal. The appellant by notice of appeal dated and filed on 9th April, 2008 appealed against the judgment of this court to the Supreme Court. It subsequently filed this application on the same date it filed the notice of…

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