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MISS OLABISI WILLIAMS V. ALHAJI RABIU BUSARI

(1973) JELR 41968 (SC)

Supreme Court  •  SC.332/72  •  9 Feb 1973  •  Nigeria

Coram
DANIEL O. IBEKWE JSC; GEORGE BAPTIST AYODOLA COKER JSC; AYO GABRIEL IRIKEFE JSC;

Judgement

G. B. A. COKER, J.S.C. (Delivering the Leading Judgment): The application is one for a stay of execution of judgmentdebt and costs totalling 'a32,837. 10d or N5,675 obtained by the respondent against the applicant in the High Court, Lagos. The affidavit in support of the Motion contains the usual averments suggesting difficulty or impossibility of retrieving the money from the other party in case the appeal succeeds. There is also a counteraffidavit suggesting the ability of the respondent and his readiness at all times to pay back the judgment debt and costs to the applicant if she succeeded in her appeal to this court. We were also told at the hearing that execution had been partly levied on the applicant and as a result of this a taxi cab belonging to and operated by the applicant had been seized by the bailiff but not yet sold.

Before us, learned counsel on both sides contended in support of these averments, either that the law should be allowed to take its course and stay of exec…

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