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UNIVERSITY OF BENIN V. SAMUEL EFIONAYI EFE IMALELE SUNDAY IGHARO SUNDAYAHANOR (FOR THEMSELVES AND ON BEHALF OF ADUWAWA VILLAGE COMMUNITY)

(2003) JELR 52965 (CA)

Court of Appeal  •  CA/B/149/2002  •  7 May 2003  •  Nigeria

Coram
MUHAMMAD S. MUNTAKA-COOMASIE, JCA (Presided) KUMAI BAYANG AKAAHS, JCA (Read the Lead Ruling) AMINA ADAMU AUGIE, JCA

Judgement

AKAAHS, JCA (Delivering the Lead Ruling): This is an application for A stay of execution of the judgment of Edokpayi, J. delivered on 12/2/2002 in suit No. B/366/91 pending the determination of the appeal. The application is supported with a 6 paragraph affidavit of urgency and another affidavit containing 14 paragraphs to which was attached the judgment and the notice of appeal which was filed on 9/7/2002 pursuant to an order extending time to file the notice of appeal granted by this court on the said 9/7/2002. The applicant also filed a further and better affidavit of 24 paragraphs to which was annexed the ruling of the High Court refusing to grant stay of execution of the said judgment.

The application is being opposed and to this end the 4th respondent deposed to a 12 paragraph counter-affidavit and stated the following factsin paragraphs 4, 5, 6, 7, 8, 9, 10, and 11 of the said counter-affidavit-

That paragraphs 1, 3, 4, 5, 6, 7, 8, 12, and 13 of the affidavit in support of the …

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