(2012) JELR 49328 (CA)    
Court of Appeal  ·  CA/L/62M/2012 ·  9 May 2012 ·  Nigeria
HELEN MORONKEJI OGUNWUMIJU Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria MOHAMMED AMBI-USI DANJUMA Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
federal high court
stay of execution
court of appeal rules
conditional stay of execution
said order
2nd day of december
co. ltd.
equitable jurisdiction
evidence act
further affidavit
public documents
support of the application
unconditional stay of execution of the judgment
accounts of the 1st applicant
applicants file
behalf of the appellants
copies of bank statements
copy of the said judgment
copy of the said ruling
court of appeal act cap
doctrine of equity
equitable remedy
following documents ore
foot of such copy
grant of a stay of execution
helen moronkeji ogunwumiju
honourable court
inherent jurisdiction of this court
l. k. awodein san
news item
notice of appeal
official bodies
official title
order of this honourable court
paragraphs affidavit
performance of such conditions
principles of common law
public officer
public offices
rita nosakhare pemu
stay of execution of the judgment
trial court
vaswani trading co. v. savalaka
viz exhibits bo1

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Lead Ruling): By notice in a motion dated 7th February, 2012 and filed on same date, the Applicants seek an order of this Honourable Court for an unconditional stay of Execution of the Judgment of the Federal High Court, delivered on the 2nd day of December 2011.

And for such further or other orders as this Honourable Court may deem fit to make in the circumstances.

In support of the application is a 15 paragraphs affidavit sworn to by one Bibiana Orekyeh, lawyer in the chambers of Louis Mbanefo and Co, representing the Applicants in the suit. There is also a further affidavit filed on 15/3/2012.

Annexed to the application are three exhibits, viz Exhibits BO1, BO2 and BO3 respectively.

Exhibit "BO1" is the Certified True Copy of the Judgment of the Federal High Court, Lagos of Friday 2nd of December, 2011, delivered by Honourable Justice O.E. Abang.

Exhibit "BO2" is the Notice of Appeal filed by the Applicants on the 6th of December, 2011.


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