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VIDAH PACKAGING LTD & ANOR V. AUGUSTINE IKEM

(2011) JELR 47001 (CA)

Court of Appeal  •  CA/E/223/2007  •  14 Jul 2011  •  Nigeria

Coram
MOHAMMED LADAN-TSAMIYA JCA; AYOBODE O. LOKULO-SODIPE JCA; SAMUEL CHUKWUDUMEBI OSEJI JCA;

Appearances
Onyechi Araka For Appellant Chief Ikenna EgbunaC.N. Osakwe; Chikodi OkwuonuAugustine Okwulehie For Respondent

Judgement
<p>AYOBODE O. LOKULO-SODIPE, JCA (Delivering the leading : ): The appeal is against the adjournment sine die, by the Hon. Justice J.C. Nwadi (hereafter simply referred to as &quot;the learned trial Judge&quot;) of the High Court of Justice, Anambra State (hereafter simply referred to as &quot;the lower court&quot;) of a motion for stay of execution of judgment made to the court by the : Debt/Respondent (hereafter simply referred to as &quot;the Respondent&quot;).</p><p> The relevant facts in relation to the motion, put briefly are that the : Creditors/Appellants (hereafter simply referred to as &quot;the Appellants&quot;) commenced a suit against the Respondent before the lower court presided over by the learned trial Judge. : was delivered in the suit in favour of the Appellants. The judgment, which is monetary in nature, was delivered on 28/2/2007.</p><p> On 6/3/2007, the Respondent filed a motion on notice dated the 5/3/2007 before the lower court seeking for an order staying the execution of the judgment of th…</p>

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