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ALHAJI BALARABE M. ABUBAKAR & ORS V. UNIPETROL NIGERIA PLC

(2002) JELR 46523 (SC)

Supreme Court  •  SC.112/1997  •  12 Apr 2002  •  Nigeria

Coram
ABUBAKAR BASHIR WALI JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; ALOYSIUS IYORGYER KATSINA-ALU JSC; UMARU ATU KALGO JSC;

Judgement

I. L. KUTIGI, J.S.C. (Delivering the Leading Judgment): This is an interlocutory appeal against the decision of the Court of Appeal, Kaduna contained in its ruling delivered on 8th July, 1997. The applicant/respondent in the court below had applied vide summons to show cause, for and obtained the following orders against the 1st and 2nd respondents:

"(1) The order of the lower court on an ex-parte motion releasing the judgment sum to the 1st respondent dated the 6th June, 1996 is hereby set aside as an abuse of the process of this court and a nullity.

(2) The 1st and 2nd respondents are issued with a mandatory injunction to pay to the Deputy Chief Registrar of this court the sum of N1,275,259.20 (One million two hundred and seventy-five thousand two hundred and fifty-nine naira and twenty kobo), which was wrongly collected from the 4th respondent in the court below within 30 days from the date of this ruling.

(3) The Deputy Chief Registrar of this court on receipt of this money shall…

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