FEDERAL ROADS MAINTENANCE AGENCY V. BPS ENGINEERING AND CONSTRUCTION COY. NIGERIA LIMITED & ORS
(2013) JELR 35763 (CA)
Court of Appeal
•
CA/A/225/2012
•
4 Jun 2013
•
Nigeria
Coram
AMIRU SANUSI JCA;
ABUBAKAR DATTI YAHAYA JCA;
MOORE A. A. ADUMEIN JCA;
Appearances
Chief Chukwuma Ekomaru SAN (with Ademola Adeniji, C. O. Mbam Esq., Oluwasegun Owa, Eze Ebubedike Esq., and T.U Ekomaru Esq.) For Appellant
Tochukwu Ewwgbufor SAN (with Uchenna Aghadinno and Helen Othina) For Respondent
Judgement
<p>ABUBAKAR DATTI YAHAYA, J.C.A. (Delivering the Lead Ruling): The appellant/applicant has by a Motion on Notice dated the 25th of February 2013 and filed on the same day, sought for the following reliefs -</p><p> (1) An interlocutory order of mandatory injunction compelling the 1st Respondent through its Managing Director Prince Chudi Charles Chukwuani and the 2nd respondent through its Chief Registrar Mrs. Oluwatoyin Musa Yahaya and its Director of Litigation, Uche Ezinne Bilkisu to pay the judgment sum of Four hundred and sixty Million Naira (N460,000.000.00) into an interest yielding account in the control of the Chief Registrar of the Court of Appeal, Court of Appeal Headquarters Abuja, pending the determination of this Appeal.</p><p> (2) An order of accelerated hearing of this Appeal in the interest of justice.</p><p> The stated grounds for the application are -</p><p> (1) The appeal raised jurisdictional fundamental and arguable grounds of law with high chances of success.</p><p> (2) The lower court lacked the juriโฆ</p>