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CENTRAL BANK OF NIGERIA NATIONAL BANK OF NIGERIA ATTORNEY-GENERAL OF THE FEDERATION V. MORENIKE O. SOULE HARRIS OLUSEYE JOHNSON ASHABI IDUNSI ADUKE SOULE AKANNI MOROTI SHELLE BILIKISU SOULE SIDIKAT SOULE SHERIFFAT SOULE

(2001) JELR 57494 (CA)

Court of Appeal  •  CA/L/391/97  •  16 Jul 2001  •  Nigeria

Coram
GEORGE A. OGUNTADE, JCA (Presided and Read the Lead Judgment) SULEIMAN GALADIMA, JCA PIUS OLAYIWOLA ADEREMI, JCA

Appearances
Mr. Adetunji Oyeyipo, Esq. (with him, Miss F. Akinmosin, Esq.) - -*- for the 1st Appellant/Applicant -*- Mr. S. Akintan, Esq. - for the 2nd Appellant/Respondent -*- Mr. Rickey Tarfa S.A.N. (with him, Chief A. O. Sangonnga, Mrs F. B -*- Kalaro, and Mrs A. Fusaka) - for the 1st and 3rd to 8th Respondents .

Judgement

OGUNTADE, JCA (Delivering the Lead Judgment): On 15th May, 1997, the Federal High Court, Lagos (Coram Odunowo J.) gave judgmentin favour of the plaintiff for N43 million as damages against the defendants jointly and severally for trespass and unlawful occupation of the property known as and situate at No. 16 Williams Street, Lagos. The 1st and 2nd defendants in the suit were dissatisfied with the said judgment. They brought appeals against it.

The 1st defendant in the case before the lower court i.e. Central Bank of Nigeria is the applicant in this motion. By its motion which was filed on 15/10/97, the applicant seeks a stay of execution of the terms of the judgment of Odunowo J. pending the determination of this appeal. The applicant filed an affidavit in support of the application on 10/2/98, it filed a further affidavit, and on 21/3/2001, it filed a 2nd further affidavit. The 1st respondent filed a counter-affidavit on 22/10/97 and a further counter- affidavit on 13/2/98. On 27/2…

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