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CENTRAL BANK OF NIGERIA v. BECKITI CONSTRUCTION LIMITED

(2003) JELR 44930 (CA)

Court of Appeal  •  CA/L/456/2002  •  27 Nov 2003  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; PIUS OLAYIWOLA ADEREMI JCA; ABUBAKAR ABDUKADIR JEGA JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Leading Ruling): By its application on notice filed on 19th March, 2003 brought before this court, applicant is praying for the following order:

"An order varying the order of conditional stay of execution made by the lower court on 3rd March, 2003 by substituting the condition given by that court with the following:

'The judgment debt inclusive of all accrued interest be kept with the Central Bank of Nigeria which will give an undertaking to pay interest on the said amount at prevailing rate of time to time should the appeal be decided against it."

The application is supported by a - 14 paragraph affidavit with the judgment and ruling of the lower court attached and marked exhibits 'CBN1' and 'CBN4' respectively. Exhibits 'CBN2' and 'CBN5' are the notice of appeal and a copy of letter written to the applicant by the respondent respectively. Respondent filed a counter affidavit of 10 paragraphs in opposition.

When this application came before …

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