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MOSES AMAECHI MBA V. VICTORIA NWOSU & ANOR

(2007) JELR 44074 (CA)

Court of Appeal  •  CA/E/139M/2006  •  31 May 2007  •  Nigeria

Coram
JAMES OGENYI OGEBE JCA; SOTONYE DENTON-WEST JCA; JIMI OLUKAYODE BADA JCA;

Judgement

BADA, J.C.A. (Delivering the Lead Ruling): This is an application dated the 17th day of May 2006 and filed on the same date in which the applicant prayed for the following reliefs:-

"(1) An order staying proceedings in suit A/238/2003 - Moses Mba v. Victoria Nwosu and another at High Court No. 1, Awka, Anambra State presided over by Hon. Justice Omegbolu Nri-Ezedi pending the determination of the appeal on the ruling of the said court dated 11/4/2006.

(2) An order staying execution of the award of ten thousand Naira (N I0.000.00) cost awarded against the plaintiff/applicant in favour of the defendants as a result of the plaintiffs request for an adjournment pending the determination of the appeal he filed on the ruling of the said Awka High Court.

(3) For such order or other orders as the court may deem fit to make in the circumstances."

In support of the application is an affidavit of 23 paragraphs.

The 1st and 2nd respondents opposed the application and they relied on a paragraph Co…

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