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THE MILITARY GOVERNOR OF LAGOS STATE & ORS. V. CHIEF EMEKA ODUMEGWU OJUKWU & ANOR.

(1986) JELR 47904 (SC)

Supreme Court  •  SC.241/1985  •  14 Feb 1986  •  Nigeria

Coram
ANDREWS OTUTU OBASEKI JSC; KAYODE ESO JSC; MUHAMMADU LAWAL UWAIS JSC; SAIDU KAWU JSC; CHUKWUDIFU AKUNNE OPUTA JSC;

Judgement

ESO, JSC (Delivering the Leading Judgment): On 16th December, 1985, the following application, dated 9th December 1985, was filed before this Court -

"TAKE NOTICE that this Honourable Court will be moved on...day of...1985 at the hour 9 o'clock in the forenoon or so soon thereafter as counsel may be heard on behalf of the Applicants for:

(1) An Order staying the execution of the ruling delivered by the Court of Appeal, Lagos in this suit and dated Wednesday 13th of November, 1985, pending the final determination of the appeal lodged herein to the Supreme Court;

(2) Such further Order or Orders as this Honourable Court may deem fit to make."

It was supported by an affidavit containing 18 paragraphs, some of which I would refer to later in these reasons.

Also, on 11th December, 1985, the Respondent through his learned counsel, Chief F.R.A. Williams, S.A.N., filed a notice of Preliminary objection as follows -

"NOTICE OF PRELIMINARY OBJECTION"

TAKE NOTICE that at the hearing of the Defen…

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