(1998) JELR 45598 (SC)    

Supreme Court  ·  SC.97/1997 ·  5 Jun 1998 ·  Nigeria
Other Citations
Yaro v. Arewa Construction Ltd. (1998) 7 NWLR (Pt.558)368 (1998) 6 S.C 41
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria IDRIS LEGBO KUTIGI Justice of The Supreme Court of Nigeria EMMANUEL OBIOMA OGWUEGBU Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ANTHONY IKECHUKWU IGUH Justice of The Supreme Court of Nigeria
Core Terms Beta
1st respondent
2nd respondent
court of appeal
stay of execution
determination of the appeal
general damages
trial judge
high court
honourable court
supreme court
brother kutigi
stay of execution of the judgment
notice of appeal
1st defendant
alhaji mudi yabo mohammed
better affidavit
claims of the plaintiff
said application
said judgment
bye-pass road
learned trial judge
respect of that aspect of his judgment
above matter
alleged settlement of indebtedness of the 1st respondent
appeal of the appellant
award of costs
behalf of the 1st respondent
copies of the notice of appeal
copy of the said judgment
dismissal of plaintiff
execution of the judgment
exhibit e.
following orders
grant of this application
kano high court no.2
kano state of nigeria
lead ruling
lower court
mr. kehinde sofola
purported sale of the property
result of the above information
said mr. kehinde sofola
stay of execution of the said judgment
view of the nature of the order

KUTIGI, J.S.C (Delivering the Lead Ruling): By motion on notice the appellant/applicant prays for the following orders:-

"(a) an order for enlargement of time within which to apply for stay of execution of the judgment of the lower court;

(b) an order Staying execution of the judgment delivered by the Court of Appeal on 11th July, 1996 pending the hearing and determination of the appeal lodged in this honourable court; and

(c) such further and or other orders as this honourable court may deem fit to make in the circumstances."

The motion was supported by an affidavit, a further and better affidavit, and a reply affidavit, a reaction to the counter-affidavit deposed to on behalf of the 1st respondent on 23rd October, 1997.

Paragraphs 2,3,4,6,8, 11, 12, 13, 14, 16, 17, 18, 21,22,25 and 27 of the affidavit read as follows:-

"2. That on the 11th day of July, 1996, the Court of Appeal delivered judgment in the above matter dismissing the appeal of the appellant. A copy of the said judgme…

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