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MRS IFEOMA MBAH & ANOR V. CHIEF FRANK UDUAH

(2009) JELR 47345 (CA)

Court of Appeal  •  CA/A/75/M/07  •  15 Jul 2009  •  Nigeria

Coram
MARY UKAEGO PETER-ODILI JCA; JIMI OLUKAYODE BADA JCA; ABDU ABOKI JCA;

Judgement

JIMI OLUKAYODE BADA, J.C.A. (Delivering the Lead Ruling): This is an Application dated the 22nd day of March, 2007 and filed on same date in which the Appellants/Applicants prayed for the following orders:-

"(1) An Order of this Honourable Court staying the execution of the Judgment of the High Court of the Federal Capital Territory Abuja entered against the Appellants/Applicants on the 24th day of January, 2007 pending the appeal already filed in this Court.

(2) And for such Order or Orders as this Honourable Court may deem fit to make in the circumstances of the Appellants/Applicants case.

"Grounds for the Relief Sought

(1) The Appellants/Applicants have made an application for stay of execution at the lower court.

(2) The Appellants/Applicants have applied to the Appeal Registry of the lower court for the compilation of Record of Appeal."

In support of the Application is an affidavit of 5 paragraphs and 4 paragraphs of further affidavit.

The Respondent opposed the application and …

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