FUNDUK ENGINEERING LIMITED V. JAMES MC ARTHUR & ORS
(1995) JELR 49491 (SC)
Supreme Court
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SC.290/1988
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28 Apr 1995
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Nigeria
Coram
MOHAMMED BELLO JSC;
SALIHU MODIBBO ALFA BELGORE JSC;
UTHMAN MOHAMMED JSC;
SYLVESTER UMARU ONU JSC;
YEKINI OLAYIWOLA ADIO JSC;
Appearances
Appellant unpresented.1st and 5th respondents absent and unrepresented For Appellant
H.F. Sule, Esq. Chief Legal Officer. Ministry or Justice, Oyo State -for the 2nd. 3rd and 4th Respondents For Respondent
Judgement
<p>ONU, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling or the Court of Appeal sitting in Ibadan on 28th of November, 1988 granting to the 1st defendant/appellant/respondent a stay or execution or the judgment of Ibidapo -Obe, J. of the High Court of Oyo State holden at Ibadan and delivered on 14th July, 1988, pending the determination of the appeal lodged at the Court of Appeal (hereinafter referred to as the Court below). The appellant which was the, respondent in the court below, was the plaintiff in the trial High Court, where it filed an action against all five respondents then defendants upon a writ of summons for:</p><p> "(a) A declaration that the plaintiffs are the rightful owners of the machinery, equipment, vehicles, drilling tools and materials listed in the annexure to the further Amended Statement of Claim which are lying in the premises of Trans-Atlantic Services Ltd, Old Lagos Road, Ibadan and/or otherwise in the wrongful possession of the 1st, 2ndβ¦</p>