THE MILITARY GOVERNOR OF LAGOS STATE & ORS.
V.
OJUKWU & ANOR.

(1986) JELR 47904 (SC)

Supreme Court 14 Feb 1986 Nigeria
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- The case involves an application for a stay of execution of a ruling delivered by the Court of Appeal, Lagos. - The application was dismissed by the court, and the reasons for dismissal were reserved. - The case revolves around the posses

Case Details

Suit Number:SC.241/1985
Judges:ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria KAYODE ESO Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria SAIDU KAWU Justice of The Supreme Court of Nigeria CHUKWUDIFU AKUNNE OPUTA Justice of The Supreme Court of Nigeria
Counsel:Adetosoye A. Solicitor-General (Lagos State) with him J.A. Oduneye, Director of Civil Litigation and Mrs. A.A. Onabanjo For Appellant Chief F.R.A. Williams, S.A.N. with him Ladi Williams and F.R.A. Williams (Junior) For Respondent
Other Citations:Gov. of Lagos State v. Ojukwu (1986) (Pt. 18)621 (1986) All N.L.R 233

ESO, JSC (Delivering the Leading Judgment): On 16th December, 1985, the following application, dated 9th December 1985, was filed before this Court -

"TAKE NOTICE that this Honourable Court will be moved on...day of...1985 at the hour 9 o'clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Applicants for:

(1) An Order staying the execution of the ruling delivered by the Court of Appeal, Lagos in this suit and dated Wednesday 13th of November, 1985, pending the final determination of the appeal lodged herein to the Supreme Court;

(2) Such further Order or Orders as this Honourable Court may deem fit to make."

It was supported by an affidavit containing 18 paragraphs, some of which I would refer to later in these reasons.

Also, on 11th December, 1985, the Respondent through his learned counsel, Chief F.R.A. Williams, S.A.N., filed a notice of Preliminary objection as follows -

"NOTICE OF PRELIMINARY OBJECTION"

TAKE NOTICE that at the hearing of the Defen…

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