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PROF. DUPE OLATUNBOSUN v. ANTHONY ANENIH

(2000) JELR 44083 (CA)

Court of Appeal  •  CA/B/184/98  •  27 Jan 2000  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; SAKA ADEYEMI IBIYEYE JCA; KUMAI BAYANG AKAAHS JCA;

Judgement

AKAAHS, J.C.A. (Delivering the Lead Ruling): The defendant/applicant brought this application under Order 3 Rule 4(1) of the Court of Appeal Rules and Section 18 Court of Appeal Act praying for the following reliefs namely:-

(i) Extending the time within which the applicant may apply for stay of execution; and

(ii) Staying the execution of the judgment of Benin High Court delivered on 8/2/96 pending the hearing and determination of the defendant/applicant's/appellant's appeal filed on 14/4/97.

The application is supported by a 46 paragraph affidavit sworn to by one Oluseun Abimbola, a legal practitioner in the firm of Akeredolu and Olujimi and Co. to which were annexed three exhibits namely the Writ of Summons in Suit No. 8/505/95 affidavit of service by pasting and a ruling delivered on 17/12/96. The respondent deposed to a 27 paragraph counter-affidavit in opposition and annexed five exhibits marked exhibits "A"- "F". The applicant in response to the respondent's counter affidavit…

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