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Mr. Joseph Adegbokun v. Negris Nigeria Ltd.

(2019) JELR 87552 (NICN)

National Industrial Court of Nigeria  •  Suit No: NICN/LA/590/2017; Motion No: NICN/LA/11M/  •  7 Feb 2019  •  Nigeria

Hon. Justice I. J. Essien


ESSIEN J (DELIVERING THE RULING): The judgment debtor/applicant by a motion on notice dated 11/10/2018 and filed on the 15/10/2018 sought two prayers from the court.

1. An order of stay of execution of the judgment of this court delivered on the 28/9/2018 delivered by Hon. Justice N.C.S. Ogbuanya pending the determination of the Appeal filed vide Exhibit A, i.e  the Notice of Appeal filed on the 9/10/2018.

2. An order of injunction restraining the judgment creditor from enforcing or taking steps to enforce the judgment of this court.

The grounds upon which the application is predicated are as follows:-

i. That the judgment debtor/Applicant has filed an Appeal as per Exhibit ‘A’ which discloses cogent an arguable grounds of appeal.

ii. That the judgment creditor has evinced real intention of realizing the aforesaid judgment.

iii. That the judgment creditor has evinced a real intension of initiating garnishee proceedings against the judgment debtors/bankers.

iv. That the judgment debtor will s…

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