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ALHAJI TAYO OYELEKE v. PROF. MURIEL AYODEJI OYEDIRAN

(2005) JELR 45297 (CA)

Court of Appeal  •  CA/A/57/M/2005  •  2 Jun 2005  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JCA; MARY U. PETER ODILI JCA; OLABODE RHODES-VIVOUR JCA;

Judgement

ODILI, J.C.A. (Delivering the Lead Ruling): This is a ruling that arose on the 26/5/05 when the learned SAN, C.O.I. Joseph made in oral application asking for the payment of economic rents in view of the perceived suspension of hearing the application of the appellant/applicant's motion for stay of execution of the judgment of High Court of the Federal Capital Territory per I. U. Bello, J. in Suit No. FCT/HC/CV/182/2001 dated 16th February, 2005.

Briefly, the facts are that the respondent being plaintiff had obtained a judgment in her favour in the court below against the appellant being the defendant at that trial:

The appellant being aggrieved appealed to this court and further filed a stay of execution of the said judgment pending the determination of the said appeal. Earlier and precisely on the 22nd February, 2005 the appellant/applicant had filed a motion for stay of execution of the said judgment before the court of trial and that motion was not taken at the lower court on the …

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