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UNION BANK OF NIGERIA LTD V. CHIEF EDAMKUE & ANOR

(2003) JELR 44940 (CA)

Court of Appeal  •  CA/PH/120M/2003  •  9 Jul 2003  •  Nigeria

Coram
SUNDAY AKINOLA AKINTAN JCA; MICHAEL EYARUOMA AKPIROROH JCA; DAVID ADEDOYIN ADENIJI JCA;

Judgement

DAVID ADEDOYIN ADENIJI, J.C.A. (Delivering the leading judgment): This is a hydra-headed motion with as many as 9 prayers all dealing with attachment in execution of an equipment and or a threatened attachment. It is sequel to the judgment of the Rivers State High Court sitting in Port Harcourt delivered by E. N. T. Karte J. on 2/5/2003. A motion for stay of execution of the said judgment was refused on 2/6/2003 by Ebete .J.

The applicants being dissatisfied with the said judgment had appealed to this court. The motion for stay, having been refused, the applicant resorted to this court filing the current motion on 3/6/2003. The previous motion for stay of execution of the judgment filed on 2/6/2003 was withdrawn on the date of hearing whereupon counsel relied on that filed on 3/6/2003. The reliefs sought in that application are as follows:

i. An order or declaration that the issuance of the writ of attachment in respect of the judgment of the lower court dated 2/5/03 by the Respondent…

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