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IKEJA REAL ESTATE LTD. V. N.B.N. LTD.

(2000) JELR 76384 (CA)

Court of Appeal  •  3 May 2000  •  Nigeria

Coram
SULEIMAN GALADIMA, J.C.A. (Presided), PIUS OLAYIWOLA ADEREMI, J.C.A., AMIRU SANUSI, J.C.A. (Read the Leading Ruling)

Judgement

SANUSI, J.C.A (Delivering the Leading Ruling): The respondent was the plaintiff A in the court below while the applicants 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 defendants/appellants/applicants in the sum of N3,443,288.25k. The 2nd defendant died sometime in 1992. The plaintiff successfully applied for leave to serve writ of attachment by pasting of same. The applicant appealed against the lower court's ruling granting leave to the plaintiff to attach and sell the immovableproperty of the defendants. There upon the applicants applied for the following orders:-

"An order staying execution or further execution or 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 paragraph affidavit swor…

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