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NIGERIAN BANK FOR COMMERCE AND INDUSTRY v. DAUPHIN NIGERIA LIMITED

(2010) JELR 33212 (CA)

Court of Appeal  •  CA/L/789/08  •  3 Jun 2010  •  Nigeria

Coram
CLARA BATA OGUNBIYI JCA; RAPHAEL CHIKWE AGBO JCA; HUSSEIN MUKHTAR JCA;

Judgement

HUSSEIN MUKHTAR, J.C.A. (Delivering the leading Judgment) The appellant/applicant (hereinafter referred to as 'the applicant') has by a motion on notice dated and filed on the 7th April, 2009 sought for an order varying the conditions imposed by the Federal High Court Lagos (the court below) on stay of execution in respect of its judgment delivered on 4th August 2008, the subject of the pending appeal. The order for conditional stay of execution was granted by the court below in its ruling delivered by Ajakaiye, J. on 24th March, 2009 by depositing the judgment sum of Sixty Six million and Forty Thousand Naira (N66,040,000.00) with the Chief Registrar of the court below to be paid into an interest yielding account with a reputable bank pending the determination of the appeal.

The motion is supported by a seven-paragraph affidavit of even date, a further affidavit and a second further affidavit filed 27th May, 2009 and 25th February, 2010 respectively.

Arguing the motion on 8th March, …

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