BOLA YUSUF V. ZULUKAINAINI OLADIMEJI EDUN
(2004) JELR 54348 (CA)
Court of Appeal
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CA/IL/M.23/03
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24 Mar 2004
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Nigeria
Coram
ABOYI JOHN IKONGBEH JCA (Presided and Read the Lead Ruling) WALTER SAMUEL NKANU ONNOGHEN JCA JA’AFARU MUKA’ILU JCA
Appearances
O. J. Adeseko, Esq. - for the Applicant .
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N. M. Shafii, Esq. - for the Respondent .
Judgement
<p><strong> IKONGBEH JCA (Delivering the Lead Ruling): </strong> The applicant, Bola Yusuf, by this application, seeks the following reliefs: “1. An order staying execution of the order in the ruling delivered in this suit on 26th of March, 2003 by the Honourable Justice J. A. Ibiwoye of the High Court of Kwara State sitting in IIorin pending the hearing and determination of the appeal filed in this Honourable Court. 2. ALTERNATIVELY An order dismissing the appeal filed by the respondent on 23/ 5/2003 for lack of prosecution or same having abated.” This application is in a way unusual. Usually, it is the judgment debtor in the substantive case from which an appeal has been lodged who applies for stay of execution. In the present case however, the applicant for stay is the judgment creditor, although his application for stay is not in respect of the judgment in his favour. Indeed, it is to ensure that execution of that judgment is not frustrated that the hunter, so to speak, became the hunted. It is perha…</p>