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NZE MIKE OKPARA & SON LTD & ORS
V.
FBN PLC

(2018) JELR 39342 (CA)

Court of Appeal 24 Jan 2018 Nigeria
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- The appellants obtained a loan facility from the respondent, secured by a tripartite legal mortgage over their property; after defaulting on repayment, multiple suits were initiated, ultimately leading to Suit No. B/515/2006 before the Hi

Case Details

Suit Number:CA/B/264M/2016(R)
Judges:SAMUEL CHUKWUDUMEBI OSEJI Justice of The Court of Appeal of Nigeria MOORE ASEIMO ABRAHAM ADUMEIN Justice of The Court of Appeal of Nigeria MUDASHIRU NASIRU ONIYANGI Justice of The Court of Appeal of Nigeria
Counsel:Mr. P.O. Osaneki For Appellant Not Represented For Respondent

MUDASHIRU NASIRU ONIYANGI, J.C.A.(Delivering the Lead Ruling): By a motion on notice brought pursuant to Order 4 Rules 5, 6, and Order 7 Rules 3 and 4 of the Court of Appeal Rules 2011, the Appellants/Applicants are seeking for the following orders:

(1) An order of injunction restraining the Respondent/Respondent from enforcing or purporting to enforce the judgment of the High Court of Justice, Edo State or act in any manner pursuant to same, against the Appellants/Applicants pending the determination of the appeal already filed before this Honourable Court.

(2) An order staying the execution of the cost delivered in favour of the Respondent/Respondent by the High Court of Justice, Edo State delivered on the 23rd day of December 2015 pending the determination of the appeal already filed against the said judgment.

And for such further or other orders as the Honorable Court may deem fit to make in the circumstance.

The application is predicated on the following grounds:

(1) That judgment was…

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