THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA V. ARHO-JOE NIGERIA LIMITED

AKAAHS, JCA (Delivering the Lead Ruling): This motion is brought pursuant to section 18 of the Court of Appeal Act and Order 3, rule 3 of the Court of Appeal Rules, 1981 praying for:-

“An order varying the orders of conditional stay of execution made by the High Court of Justice Warri on the 13th day of May, 2002 in Suit No. W/304/2001: Arho-Joe Nigeria Limited v. Shell Petroleum Development Company of Nigeria , to wit: that the defendant pay the judgment sum of N97,200,000.00 (ninety-seven million, two hundred thousand naira) to the Assistant Chief Registrar of the High Court of Justice, Warri within seven days etc; for order granting unconditional stay of execution of the said judgment or on such more favourable terms as this Honourable Court may deem fit to make in the circumstance until the determination of the appeal filed in respect of the said judgment.” The grounds upon which the application is made are:- (i) That the order of conditional stay of execution made by the High …