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CHIEDOZIE NNAWUIHE & ORS V. BARR. HENRY OKWARA

(2018) JELR 34439 (CA)

Court of Appeal  •  CA/OW/330/2017(R)  •  11 Jul 2018  •  Nigeria

Coram
RAPHAEL CHIKWE AGBO JCA; AYOBODE OLUJIMI LOKULO-SODIPE JCA; ITA GEORGE MBABA JCA;

Appearances
S.A. NJOKU; ESQ. For Appellant C.O.N. ANYIAM; ESQ. For Respondent

Judgement

ITA GEORGE MBABA, J.C.A. (Delivering the Lead Ruling): Appellants/Applicants filed a motion on 25/8/2017, seeking:

An Order of this Court staying the execution of the judgment of his Lordship, L.C. Azuama J., of the High Court of Imo State, sitting in Orlu and delivered on the 13th of May, 2017, pending the hearing and determination of this appeal.

OR, IN THE ALTERNATIVE

(2) An Order of this Court, restraining the two sets of Respondents from taking any steps (or any further steps) in implementing the orders contained in the said judgment of his Lordship, L.C. Azuama, pending the hearing and determination of this appeal.

And for such Further or Other Orders

The motion was supported by an affidavit of 29 paragraphs and Exhibits (1 to 4) as well as a written address. The grounds for which the motion was predicated (which also agreed with the supporting affidavit) were:

(1) This is an Ezeship matter. The 3rd applicant had been presented and recognized as the Eze (or Traditional Ruler) of his C…

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