(2002) JELR 49435 (CA)    

Court of Appeal  ·  CA/J/132/96 ·  24 Jan 2002 ·  Nigeria
Other Citations
NASCO Mgt. Serv. Ltd. V. A.N. Amaku Trans. Ltd [2003] 2 NWLR (Pt. 804)pg. 290
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria ISA ABUBAKAR MANGAJI Justice of The Court of Appeal of Nigeria IFEYINWA CECILIA NZEAKO Justice of The Court of Appeal of Nigeria
Core Terms Beta
senior counsel
final decision
grounds of appeal
notice of appeal
interlocutory decision
notice of preliminary objection
supplementary record
learned trial chief judge
main appeal
judgment of this court
learned trial judge
leave of this court
second appeal
status quo
briefs of argument
issue no.3
lower court
above judgment
bailiff of this court
chief judge of plateau state
claim of the respondent
correctness of the above dicta
date of the delivery
determination of the appeal
following reliefs
further execution of the judgment of this honourable court
honourable court
interlocutory appeal
interlocutory decisions
judgment of the lower court
judgment of uloko
leading judgment
notices of appeal
order suspending
present case
primary issue
property of the appellant
records of appeal
right of fair hearing
said appellant
see salter rex
serious question
starting point
trial court
whole application

MANGAJI, J.CA. (Delivering the Leading Judgment): The main appeal in this case, concerned the judgment of Uloko, Chief Judge of Plateau State the date of the delivery of which has become the primary issue. In it the learned trial Judge found the claim of the respondent as plaintiff proved and concluded as follows:-

"On the whole, I am satisfied that the plaintiff has proved its claim against the defendant. Consequently, I hereby enter judgment for the plaintiff, against the defendant in the sum of N3,240.000.00.

The defendant is hereby ordered to pay the plaintiff, of the sum of N3,240.000.00 as damages for the detention of its trailer tanker, BO 2913 P from 16/12/93, until 30/11/94, when it was conditionally released by the court."

The appellant was thoroughly dissatisfied with the above judgment. It accordingly, filed a notice of appeal containing four ground dated 11th August, 1995. It seems after the judgment, the respondent applied by a writ of fifa and levied execution on some o…

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