(2000) JELR 43812 (CA)    

Court of Appeal  ·  CA/L/43/99 (R) ·  17 Jul 2000 ·  Nigeria
Other Citations
Race Auto Supply Ltd. v. Akib (2001) 1 NWLR (Pt.695)463
GEORGE ADESOLA OGUNTADE Justice of The Court of Appeal of Nigeria SULEIMAN GALADIMA Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria
Core Terms Beta
1st respondent
terms of settlement
consent judgment
supreme court
okoya street
exceptional circumstances
mr. adegbite
order of injunction
39-paragraph affidavit
consent judgment of the lagos high court
exhibit d
lead ruling
notice of appeal
said judgment
vacant possession of the said premises
16th day of august
16th december
39-paragraph counter-affidavit
account of the competing rights of the parties
agreed consideration
appellant of the means
declaratory judgment
determination of the substantive appeal
execution of the judgment of this honourable court
favour of an applicant
favour of the grant of a stay
final analysis
first prayer
general principles
ground floor of the property
ground floors of the property
inherent jurisdiction of the court
joint names of the 1st respondent
judgment of obadina j.
order directing
points of law
present applicants
present application
redevelopment of the dilapidated structures
said appeal
said application
stay of its judgment
supreme court of nigeria

ADEREMI, J.C.A. (Delivering the Lead Ruling): On the 22nd of June, 2000 we entered judgment in favour of the appellant/respondent to the present application having found her appeal to be meritorious and we consequently ordered that four shops and two stores in the terms of settlement reached by the parties and embodied in the judgment of Obadina J. (as he then was) be immediately released to the appellant/respondent.

Being dissatisfied with the said judgment, the respondents in the said appeal and the present applicants filed a notice of appeal and brought an application dated 5th July, 2000 but filed on 6th July, 2000. In the said application they pray for the following:

(i) An order staying the execution of the judgment of this Honourable court delivered on the 22nd June, 2000 pending the determination of the substantive appeal to the Supreme Court.

(2) An order of injunction restraining the respondent/appellant/respondent her servants, agents or privies from dealing with the 4 shop…

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