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CHIEF D. S. YARO v. AREWA CONSTRUCTION LTD. & ORS.

(1998) JELR 45598 (SC)

Supreme Court  •  SC.97/1997  •  5 Jun 1998  •  Nigeria

Coram
MUHAMMADU LAWAL UWAIS JSC; IDRIS LEGBO KUTIGI JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SYLVESTER UMARU ONU JSC; ANTHONY IKECHUKWU IGUH JSC;

Judgement

KUTIGI, J.S.C (Delivering the Lead Ruling): By motion on notice the appellant/applicant prays for the following orders:-

"(a) an order for enlargement of time within which to apply for stay of execution of the judgment of the lower court;

(b) an order Staying execution of the judgment delivered by the Court of Appeal on 11th July, 1996 pending the hearing and determination of the appeal lodged in this honourable court; and

(c) such further and or other orders as this honourable court may deem fit to make in the circumstances."

The motion was supported by an affidavit, a further and better affidavit, and a reply affidavit, a reaction to the counter-affidavit deposed to on behalf of the 1st respondent on 23rd October, 1997.

Paragraphs 2,3,4,6,8, 11, 12, 13, 14, 16, 17, 18, 21,22,25 and 27 of the affidavit read as follows:-

"2. That on the 11th day of July, 1996, the Court of Appeal delivered judgment in the above matter dismissing the appeal of the appellant. A copy of the said judgme…

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