KUTIGI JSC (Delivering the Leading Judgment): The facts will be stated briefly. Judgment was entered in favour of the plaintiff against the defendants in the sum of N7,949,273.00 (seven million, nine hundred and forty-nine thousand, two hundred and seventy-three naira) and N84,710.00 (eighty four thousand, seven hundred and ten naira) with interest by the Benin High Court. The defendants without delay filed a notice of appeal simultaneously with a motion for stay of execution. The plaintiff was never served. Meanwhile the plaintiff levied execution by selling some of the defendants’ mortgaged properties. On becoming aware of the development, the defendants applied to the High Court to set aside the execution. The application was granted and the execution was set aside. Dissatisfied with the ruling setting aside the execution, the plaintiff appealed to the Court of Appeal which allowed the appeal and dismissed the defendants’ application to set aside the execution. The defendants have …
OLORI MOTORS & CO. LTD & 2 ORS.
V.
UNION BANK OF NIGERIA PLC
(2006) JELR 58183 (SC)
Supreme Court 7 Apr 2006 Nigeria
Case
Citing Cases 26
BriefBot Summary
- The plaintiff obtained a judgment in their favor against the defendants in the amount of N7,949,273.00 and N84,710.00 with interest. - The defendants filed a notice of appeal and a motion for stay of execution, but the plaintiff was not s
Case Details
Suit Number:SC.278/2001
Judges:IDRIS LEGBO KUTIGI, JSC
ALOYSIUS IYORGYER KATSINA-ALU, JSC
IGNATIUS CHUKWUDI PATS-ACHOLONU, JSC
GEORGE A. OGUNTADE, JSC
ALOMA MARIAM MUKHTAR, JSC
Counsel:Mr. F.R.A. Williams (Junior) - for the Appellants.
Miss O. M. Lewis - for the Respondent.
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