IKERE LOCAL GOVERNMENT V. MR. OLUMUYIWA OLUFEMI AUGUSTON ADELUSI
(2007) JELR 51157 (CA)
Court of Appeal
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CA/IL/57/2006
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24 Jan 2007
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Nigeria
Coram
MUHAMMAD S. MUNTAKA-COOMASSIE JCA (Presided) TIJJANI ABDULLAHI JCA (Read the Lead Ruling) HELEN MORONKEJI OGUNWUMIJU JCA
Appearances
Mr. Niyi Idowu - for the Appellant.
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Mr. Fele Asho, Esq - for the Respondent.
Judgement
<p><strong> ABDULLAHI JCA (Delivering the Lead Ruling): </strong> By its application on notice dated and filed on the 9th day of August, 2006 brought before this court, applicant is praying for the following orders: “(a) An order allowing the defendant/appellant to file and serve the application for stay of execution out of time.</p><p>An order of this honourable court staying the execution of the judgment of Ekiti State High Court sitting at Ikere- Ekiti and presided over by Hon. Justice J. O. Adeyeye dated 22nd May, 2006 in this suit pending the determination of the appeal.</p><p>And for such order or further order(s) as this honourable court may deem fit to make in the circumstance of this case.”</p><p>The application is supported by a 16 paragraph affidavit. Attached to this affidavit are five exhibits (A - F). Exhibit A is the ruling of the lower in which judgment was given to the respondent; exhibitis the ruling of the lower court refusing the application for stay of execution; exhibitsandare the notice of appeal and t…</p>