SHELL PETROLEUM DEVELOPMENT COMPANY NIGERIA LIMITED
V.
SAAKPA & ANOR

(2012) JELR 49347 (CA)    

Court of Appeal  ·  CA/PH/481/2009 (R) ·  26 Apr 2012 ·  Nigeria
CORAM
MUSA DATTIJO MUHAMMAD Justice of The Court of Appeal of Nigeria PAUL ADAMU GALINJE Justice of The Court of Appeal of Nigeria TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Core Terms Beta
respondent
spdc
defendant
honourable court
applicant
lower court
respondents
cross-appellants
judgment
senior counsel
order of mareva injunction
determination of this appeal
federal high court
oil mining leases
grant of this application
suit no. fhc
fiver hundred thousand naira
order of unconditional stay of execution
paragraph counter affidavit
port harcourt
rivers state nigeria
said sum
sum of n5
transfer of the assets of the appellant
5th day of august
circumstances of this case
cross-appeal
ifc v. dsnl offshore ltd
paragraph affidavit
present case
bank account
benefits of the aforesaid judgment
chief registrar of this honourable court
court judgments of the defendant
deputy chief registrar of this honourable court
e.s. chukwu j. of the federal high court
exhibit b.
further take notice
grant of the present application
learned counsel
said judgment of the lower court
stay of execution of the said judgment
thisday newspaper publications
transfer of the appellant
variation of the order of conditional stay

T. O. AWOTOYE J.C.A (Delivering the Leading Ruling): This is the ruling on the two applications filed by the respondents/cross appellant/applicant vide their motions on 10/5/2011.

The respondent/cross-appellants/applicants had earlier obtained judgment against the appellant/cross-respondent/respondent on 5/9/2009 in a judgment delivered by E.S. Chukwu J. of the Federal High Court at Uyo.

The appellant/respondent being dissatisfied with the judgment filed on appeal against it on 7/9/2009 and subsequently applied for stay of execution of the said judgment.

The Federal High court granted a conditional stay of execution directing the appellant to provide a corporate guarantee supported by a resolution of Board of Directors of the Appellants that the S.P.D.C. would pay immediately the judgment debt should they loose on appeal.

The appellant again applied for and was granted variation of the order of conditional stay of execution on 20/1/2011, whereby an order of unconditional stay of exec…

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