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IKEJA REAL ESTATE LIMITED E. O. ASHAMU (DECEASED) JADE ASHAMU TITI ASHAMU TAJUDEEN AYORINDE (Personal Representatives of the Estate of E. O. ASHAMU (DECEASED) By Other of Court of 16th day of April, 1999 ) V. NATIONAL BANK OF NIGERIA LIMITED

(2000) JELR 55286 (CA)

Court of Appeal  •  CA/L/426M/98  •  3 May 2000  •  Nigeria

Coram


Judgement

SANUSI, J.C.A. (Delivering the leading judgement): The Respondent was the plaintiff in the court below while the appellants were the defendants. In a suit No. ID/1/81 the lower court on 20th of January, 1990 delivered judgment in favour of plaintiff against the defendant/appellant/applicants in the sum of N3,443,288.25k. The 2nd defendant died sometimes in 1992. The plaintiff successfully applied for leave to serve writ of attachment bypasting of same. The applicant appealed against the lower court’s ruling granting leave to the plaintiff to attach andsell the immovable property of the defendants. Thereupon the applicants applied for the following orders:- “ An order staying execution or further execution of the order of the Honourable Court made on the 13th March, 1999 in favour of the plaintiff/Respondent pending the determination of the appeal lodged against the said order pending before the court of appeal, Lagos.” The application is supported by a fifteen paragraphs affidavit s…

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