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UNIVERSITY OF ILORIN TEACHING HOSPITAL
V.
ABEGUNDE

(2012) JELR 35163 (CA)

Court of Appeal 14 Jun 2012 Nigeria
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- The applicant (appellant) sought to vary a conditional stay of execution ordered by the Federal High Court, Ilorin, in a medical negligence case where judgment for N8,173,230 (special and general damages) was awarded against it, requestin

Case Details

Suit Number:CA/IL/M.60/2011
Judges:TIJJANI ABDULLAHI (PJ) Justice of The Court of Appeal of Nigeria IGNATIUS IGWE AGUBE Justice of The Court of Appeal of Nigeria OBANDE FESTUS OGBUINYA Justice of The Court of Appeal of Nigeria
Counsel:Olajide Ayodele SAN with him Manzumu Isa Esq.; Yaqub Omotosho Esq.; Bola Ayodele Esq. and Philips Afolayan Esq. For Appellant J.A. Amien (Mrs.) with Y.A. Alajo Esq. For Respondent

IGNATIUS IGWE AGUBE, J.C.A. (Delivering the Lead Ruling): This is an Application brought by way of Motion on Notice pursuant to Sections 15 and 17 of the Court of Appeal Act, 2010 and Order 4 Rules 6 and 11 of the Court of Appeal Rules, 2011. The motion prays for an Order or Orders:-

"(i) varying the order of the Federal High Court, Ilorin dated 25/10/2011 staying execution of the Judgment of the Federal High Court in suit No. FHC/IL/CS/20/2008 delivered on the 22nd day of July, 2011 by Honourable Justice A. O. Faji pending the hearing and determination of the Appeal on the condition that the judgment sum be deposited with the Registrar of the said court.

(ii) Granting an Order of unconditional stay of execution of the Judgment of the Federal High Court, Ilorin dated 25/10/2011 staying execution of the Judgment of the Federal High Court in suit No. FHC/IL/CS/20/2005 delivered on the 22nd day of July, 2011 by Honourable Justice A. O. Faji pending the hearing and determination of the Ap…

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