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OKIN BISCUITS AND ANOR V. CHIEF E. A. OSHE, SAN

(2000) JELR 55593 (CA)

Court of Appeal  •  CA/IL/M.15/2000 .  •  29 Jun 2000  •  Nigeria

Coram
MURITALA A. OKUNOLA, JCA (Presided and Read the Lead Judgment) PATRICK IBE AMAIZU, JCA WALTER S. N. ONNOGHEN, JCA

Judgement

OKUNOLA, JCA (Delivering the Lead Judgment): This is a motion on notice brought pursuant to Order 3 rule 3(1) and (3) of the Court of Appeal Rules 1981, praying the court for the following reliefs:- An order that the writ of execution issued in the above matter be set aside and the 1st defendant/applicant’s staff bus be released to it pending the hearing of the above appeal. An order that further steps in execution of the judgment ap pealed f ro m be stayed pend in g th e hear in g an d determination of the appeal aforesaid.

Accelerated hearing of the above appeal. 4. Such further order or other orders as this Honourable Court may deem fit to make in the circumstances.

The application is supported by an 8 paragraph further affidavit.

Learned counsel to the appellants/applicants, Mr. B. Adewole, relied on all the paragraphs of the affidavit. The only issue for determination in this application according to learned counsel to the applicants is whether , when application for stay of execu…

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