OYELEKE
V.
OYEDIRAN

(2005) JELR 45297 (CA)    

Court of Appeal  ·  CA/A/57/M/2005 ·  2 Jun 2005 ·  Nigeria
 · 
Other Citations
OycIeke v. Oyediran (2006) 1 NWLR (Pt.962)500
Oyeleke v. Oyediran (2006) 1 NWLR (Pt. 962) 500
CORAM
IBRAHIM TANKO MUHAMMAD Justice of The Court of Appeal of Nigeria MARY U. PETER ODILI Justice of The Court of Appeal of Nigeria OLABODE RHODES-VIVOUR Justice of The Court of Appeal of Nigeria
Core Terms Beta
court
motion
application
applicant
respondent
order
stay of execution of the judgment
counter affidavit of the respondent
facts
lower court
mr. joseph
reply
stay of execution of the said judgment
26th may
adjudged owner of the property
applicant's motion
application demands
application of payment of the economic rents
brother mary u. p. odili
brother odili
c.o.i. joseph
court of trial
determination of the said appeal
fact of the hardship
hearing of the appeal
high court of the federal capital territory
i. t. muhammad
i. u. bello
judgment
judgment of the lower court
justice of the suspension
lead ruling
learned counsel
learned san
learned senior advocate
mrs. olabisi o. shoyebo
oral application
payment of economic rents
point of law
records of the lower court
respective counsel address
rhodes
stage
stay of execution of 15th march
suit no. fct
suspension of the hearing of the application
view of the fact
view of the perceived suspension
way of further affidavit

ODILI, J.C.A. (Delivering the Lead Ruling): This is a ruling that arose on the 26/5/05 when the learned SAN, C.O.I. Joseph made in oral application asking for the payment of economic rents in view of the perceived suspension of hearing the application of the appellant/applicant's motion for stay of execution of the judgment of High Court of the Federal Capital Territory per I. U. Bello, J. in Suit No. FCT/HC/CV/182/2001 dated 16th February, 2005.

Briefly, the facts are that the respondent being plaintiff had obtained a judgment in her favour in the court below against the appellant being the defendant at that trial:

The appellant being aggrieved appealed to this court and further filed a stay of execution of the said judgment pending the determination of the said appeal. Earlier and precisely on the 22nd February, 2005 the appellant/applicant had filed a motion for stay of execution of the said judgment before the court of trial and that motion was not taken at the lower court on the …

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