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MANHATTAN INVESTMENT LIMITED V. CO-OPERATIVE DEVELOPMENT BANK PLC

(2009) JELR 49032 (CA)

Court of Appeal  •  CA/L/83/2005  •  27 Mar 2009  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; ADZIRA GANA MSHELIA JCA; REGINA OBIAGELI NWODO JCA;

Judgement

REGINA OBIAGELI NWODO, J.C.A. (Delivering the Leading Judgment): This is an appeal by the Appellant against the decision of the Federal High Court Lagos Division presided by Abimbola Ogie J. on 19/01/05, wherein the Learned Trial Judge granted a conditional Stay of Execution of the ruling of the lower court delivered on 3rd of June 2004.

The Appellant was the Plaintiff Judgment Creditor in the lower court, whilst the Respondent herein was the Defendant Judgment Debtor. The Appellant had commenced a suit in the Federal High Court by Writ of Summons against the Respondent and two others: Securities and Exchange Commission and the Nigerian Stock Exchange wherein he claimed seven reliefs stated in paragraph 20 of his statement of claim, clearly stated in pages 8 and 9 of the record of Appeal. The Appellant subsequently withdrew the suit against Securities and Exchange Commission and the third Defendant the Nigerian Stock Exchange leaving the present Respondent. When the Appellant and Resp…

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