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OTUOKERE NWAGBOSO & ORS. V. EKWEM EJIOGU

(1997) JELR 45516 (CA)

Court of Appeal  •  CA/PH/185M/96  •  4 Jun 1997  •  Nigeria

Coram
ALOYSIUS IYORGYER KATSINA-ALU JCA; RAPHAEL OLUFEMI ROWLAND JCA; MORONKEJI OMOTAYO ONALAJA JCA;

Appearances
Chief Bon Nwakanma (SAN),E. Onwuzuruike (Mrs) For Appellant G.R.I. Egonu (SAN),D. Umeji For Respondent

Judgement
<p>ROWLAND, J.C.A.: (Delivering the Leading Judgment): This is a motion brought by the appellants/applicants pursuant to Order 3(3) and 4(1) of the Court of Appeal Rules, 1981 - praying this Court for</p><p> &quot;(a) an order enlarging the time within which the defendants/appellants/applicants shall apply for a stay of the execution of the Judgment and Orders of the High Court of Imo State sitting at Nkwerre delivered and made on June 12, 1996 pending the determination of the Appeal against the said Judgment and Orders;</p><p> (b) an Order deeming as properly filed and served the defendants/appellants/applicants motion for stay of execution filed in this Court on 19/8/96 and fixed for hearing on 30/10/96.&quot;</p><p> The motion is supported by an affidavit of twelve paragraphs deposed to by one John Enerenwa - a litigation clerk in the chambers of Chief Bon Nwakanma (SAN) who are solicitors to the applicants. The learned Senior Advocate for the applicants relies on all the paragraphs of the affidavit. Reference was …</p>

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