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MR. ISSAM SAIMOUA V. MRS. IDOWU ILESANMI (NEE ANTHONIO) OLATUNJI ANTHONIO OLUWATOYIN ANTHONIO

(2000) JELR 55630 (CA)

Court of Appeal  •  CA/L/155M/99 .  •  31 May 2000  •  Nigeria

Coram
ATINUKE OMOBONIKE IGE, JCA (Presided) SULEIMAN GALADIMA, JCA AMIRU SANUSI, JCA (Read the Lead Judgment)

Judgement

SANUSI, JCA (Delivering the Lead Judgment): On 5/5/1994, the applicant, who was a defendant in court below, filed this application, seekingfor an order for stay of execution of the judgment of Lagos High Court, delivered by Holloway, J., on the 19th of June, 1998, in a suit No. ID/1755/ 94. The application, which is by way of motion on notice, was brought pursuant to section 18 of Court of Appeal Act, Cap 75 Laws of the Federation of Nigeria of 1990 and also under Order 3 Rule 3(4) of the Court of Appeal Rules of 1981 and under the inherent powers of the Court of Appeal. The application is supported by an affidavit of twenty-six paragraphs sworn to by the applicant himself. The applicant annexed copies of contract agreement, the judgment of the lower court he appealed against, the notice and grounds of appeal and receipt for fees paid for filing the appeal. On the other hand, the respondentfiled a 21-paragraph affidavit sworn to by the 1st respondent on behalf of other respondents a…

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