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FIRST CITY MONUMENT BANK v. MR. EMMANUEL CHINEDU ONWUMELU

(2018) JELR 38493 (CA)

Court of Appeal  •  CA/L/275/2016  •  25 May 2018  •  Nigeria

Coram
TIJJANI ABUBAKAR JCA; BIOBELE ABRAHAM GEORGEWILL JCA; ABIMBOLA OSARUGUE OBASEKI-ADEJUMO JCA;

Judgement

TIJJANI ABUBAKAR, J.C.A. (Delivering the Leading Judgment): This appeal emanates from the Judgment of the High Court of Lagos State sitting in the Lagos Division, delivered by B. A. Oke-Lawal J. on the 9th day of December, 2015 in Suit No:LD/3299/2014 which is contained at pages 251 and 261 of the Records of Appeal. The Brief facts giving rise to this appeal are that the Appellant issued a Bank Guarantee in favour of the Respondent as condition for seeking to stay execution of the judgment in Suit No.ID/769/2005 pending the appeal filed against the said judgment which was between the Respondent herein and one Chief Azubuike Ekweremadu. The learned trial Judge in Suit No.ID/769/2005, Dada J. granted the Order of Stay as contained at pages 110 - 114 on the 18th day of March, 2009. The Appeal was filed, however, same was withdrawn on the 11th of June, 2010 pursuant to Order 11 Rules 1 and 5 of the Court of Appeal Rules, 2007. Upon the withdrawal of the Appeal, the Respondent herein filed…

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