Ratio DecidendiRatio DecidendiRatio DecidendiRatio DecidendiRatio Decidendi



OWO & ORS.
V.
ADETILOYE & ORS.

(1998) JELR 45616 (CA)    

Court of Appeal  ·  CA/E/80M/97 ·  2 Jul 1998 ·  Nigeria
 · 
Other Citations
Owo v. Adetiloye (1998) 10 NWLR (Pt. 570)
Owo v. Adetiloye (1998) 10 NWLR (Pt. 570) 488
CORAM
JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria ISA AYO SALAMI Justice of The Court of Appeal of Nigeria NIKI TOBI Justice of The Court of Appeal of Nigeria

Ratio Decidendi

Core Terms Beta
court
application
stay of proceedings
trial court
notice of appeal
supreme court
court of appeal act
final decision
grounds of appeal
inter alia
court of appeal
interlocutory decision
stay of proceeding
determination of this appeal
high court
rights of the parties
said application
above application
abuse of court process
alone decisions
anambra state high court
appeal amount
applicants application
appointment of a receiver
argument of the defendants
behalf of the present applicants
cases of wilson v
counsel chief o. ugolo
criminal proceedings
execution of the ex-parte order of injunction
ex-parte injunction
filing of the notice
final ruling
following cases
further proceedings
important factor
interlocutory order of the lower court
leading ruling
learned counsel
main purpose
order of stay of proceedings
order suspending
potential of disposing of the entire appeal
said appeal
said order of ex-parte injunction
salient points
such receipt
sufficient evidence
third point

AKPABIO, JCA: (Delivering the Leading Ruling): This was an application brought on behalf of the present applicants who were the plaintiffs at the trial court, and had obtained an ex-parte injunction before Akubuilo, J. of Anambra State High Court sitting at Oji River, against the respondents who were the defendants. The defendants being dissatisfied with the said order of ex-parte injunction, appealed to this court. Following closely after the filing of the notice and grounds of appeal, the appellants also filed in this court an application seeking for six reliefs, Nos. 4 and 5 of which read as follows:-

"4. An order suspending and/or staying the execution of the ex-parte order of injunction dated 19th May, 1997 made by P.C. Akubuilo J. at the High Court, Oji River pending the determination of this appeal.

5. An order staying any and further proceedings in the substantive suit pending the determination of this appeal" (Coram Achike, Ejiwunmi and Ubaezonu, JCA)

However, just as this co…

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