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MOBIL OIL NIGERIA PLC V. AHMADU RABIU & MUKTAR RABIU

(2001) JELR 57806 (CA)

Court of Appeal  •  CA/J/141M/2001  •  3 Dec 2001  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD, JCA (Presided) OLUDADE OLADAPO OBADINA, JCA ISA ABUBAKAR MANGAJI, JCA (Read the Lead Judgment)

Appearances
Solomon Umoh (with him, G. Fanimokun and S. A. Umughele) for the Applicant; P. A. Akubo for the Respondents.

Judgement

MANGAJI, JCA (Delivering the Lead Judgment): This application which seeks for the equitable relief in the form of stay of execution was brought by the applicant understandably after the judgment of the court below was given against it and after an earlier application of similar nature made by it at the court below was struck out primarily because learnedcounsel who appeared for the applicant had refused to argue same contending as she did, β€œ I am ready. I cannot move this motion ”. (See exhibit A2). After having struck out the motion the learned trial Judge made the following orders:-

β€œOrder:- The motion is struck out with N1,500 costs. The application for relisting if any shall not be filed, in other words the applicant shall take no further step in this matter until the whole judgment debt and costs are paid into court. If the said judgment debt and costs are not paid into court within 14 days from today, the judgment creditor shall be free to levy execution for the recovery of …

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