ENERGO NIGERIA LIMITED V. MR. JAMES OKPE

ABDU ABOKI, J.C.A. (Delivering the Leading Ruling): The Applicant's Motion on Notice dated the 9th day of February, 2009 and filed on the same date was brought pursuant to order 7 Rule 3 of the court of Appeal Rules, 2007 and under the inherent Jurisdiction of this court for an order staying the execution of the Judgment delivered by Hon. Justice U. A. Inyang of the High court of the Federal Capital Territory, Abuja on Friday 30th March, 2007 pending the determination of the Appeal filed by the Applicant against the said Judgment.

The application is supported by an eighteen paragraph affidavit sworn to by one Mr. Jubril Mohammed, the personnel/Administrative Manager of the Applicant Company on 9th February, 2009. The Applicant also filed a further and better affidavit sworn to by Hycinth Enwefa Esq. its counsel on 8th June, 2009 and a further and better affidavit with four annexure - Exhibits HE-1, HE-2, HE-3 and HE-4.

The background facts leading to this application is that the Plain…