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SPDC OF NIG. LTD
V.
ALLAPUTA

(2005) JELR 45130 (CA)

Court of Appeal 19 May 2005 Nigeria
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- The Applicant sought a stay of execution of the Court of Appeal's monetary judgment (reduced on appeal to ₦305,000,000 plus costs) and an injunction preserving the judgment sum pending determination of its appeal to the Supreme Court, arg

Case Details

Suit Number:CA/PH/144m/2001 (R)
Judges:JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria PIUS OLAYIWOLA ADEREMI Justice of The Court of Appeal of Nigeria MONICA B. DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Counsel:T. J. O. Okpoko SAN; for Applicant, with himO. J. Irerhime, Esq., andO. Okodiya, Esq. For Appellant L. E. Nwosu, SAN;J. Chimezie, Esq For Respondent

JOHN AFOLABI FABIYI, J.C.A. (Delivering the Lead Ruling): This Ruling is sequel to the arguments canvassed in respect of the motion on notice dated 21st March, 2005 and filed on the same date. Therein, the Applicant prayed for the following orders:-

"1. An order staying execution of the judgment of F.N.N. Ichoku, C.J. (as he then was) of the High Court of Rivers State, sitting in Port Harcourt delivered on 29-01-2001 in Suit No. PHC/2504/2000 (Chief N.Y. Allaputa v. Shell Petroleum Development Company of Nigeria Limited (as confirmed by) and the decision of the Court of Appeal dated 28-02-2005 pending the determination of the Applicant's appeal to the Supreme court of Nigeria against the decision of this Honourable Court delivered on 28-2-2005.

2. An order of injunction, for the preservation of the subject matter of this appeal and/or preservation of the status quo pending the determination of the Applicant's appeal to the Supreme Court against the decision of this Honourable court da…

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