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STELLA OPARAUGO & ANOR. v. PAUL OPARAUGO & ORS.

(2007) JELR 47164 (CA)

Court of Appeal  •  CA/PH/93M/2006  •  22 Nov 2007  •  Nigeria

Coram
SULEIMAN GALADIMA JCA; MOHAMMAD LAWAL GARBA JCA; IBRAHIM MOHAMMED MUSA SAULAWA JCA;

Judgement

SULEIMAN GALADIMA, J.C.A. (Delivering the Lead Ruling): This application brought by the appellants prays for an order of this court staying the execution of the judgment of the High Court of Imo in suit No.HOW/414/93 which judgment was delivered on 9/7/2004.

The application is supported by a 19-paragraph affidavit. The applicants subsequently filed three further affidavits in support on 26/4/2006; 26/10/2006 and 16/1/2007 respectively.

The respondents on their own part, in opposition to this application filed two counter-affidavits on 23/8/2005 and 13/3/2007 respectively.

On 27/3/2007, this court ordered the parties to submit and exchange their respective written submissions whilst it adjourned to 24/9/2007 for the adoption of the said written submissions of the parties. At the hearing of the application, learned counsel for the applicants adopted and relied on his written submission dated and filed on the 19th April, 2007 and he urged the court to grant the application. Learned couns…

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