Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OLOJEDE
V.
OLALEYE

(2009) JELR 50941 (CA)    

Court of Appeal  ·  CA/IL/M.36/2008 ·  3 Jul 2009 ·  Nigeria
CORAM
SOTONYE DENTON-WEST JCA (Presided) IGNATIUS IGWE AGUBE JCA (Read the Lead Ruling) CHIMA CENTUS NWEZE JCA

Ratio Decidendi

Core Terms Beta
applicants
application
learned counsel
1st respondent
stay of execution
better affidavit
counter-affidavit
affidavit
judgment of the lower court
lower court
constitutional right of appeal
exceptional circumstances
notice of appeal
special circumstances
1st applicant
2nd respondent
financial position
further affidavit
order of injunction
learned trial judge
2nd applicant
court of appeal rules
principle of law
subject matter of this application
determination of the appeal
grant of the application
order of this honourable court
similar application
stay of execution of the judgment
support of the application
appellants’ appeal
behalf of the applicants
deceased husband of the 1st appellant
due process of law
exercise of such power
exercise of the power of sale
grant of an application
high court of ekiti state
issue of title
judgment of the court
judgment of the learned trial judge
order of court
paragraph g
paragraphs d-e
receipt of the counter-affidavit of the respondents
respective learned counsel
respondents’ address
ruling of the lower court
said mr. olojede

AGUBE JCA (Delivering the Lead Ruling): This is an application brought by the appellants/applicants pursuant to Order 7, rule 3 of the Court of Appeal Rules, 2007, praying for an order of injunction and/or stay of execution of the judgment of the lower court delivered by Hon. Justice C.I. Akintayo of the Ekiti State High Court on 14 May 2007 pending the determination of the appeal lodged by the appellants/applicants in this court. The grounds for application are stated in the motion paper as follows:

(1) That a similar application was argued before the lower court but same was refused on 14 May 2008 and;

(2) That this application is to maintain the status quo ante pending appeal.

In support of the application, one Nzeh David deposed to an affidavit of thirteen (13) paragraphs on behalf of the applicants. A further affidavit to which the judgment and ruling of the lower court marked exhibits “A” and “B” were annexed, was filed on 3 November 2008. The appellants/applicants further file…

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