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ZENITH BANK PLC V. CHIEF AUTHUR JOHN AND ORS.

(2011) JELR 52563 (CA)

Court of Appeal  •  CA/PH/436/2010  •  5 Jul 2011  •  Nigeria

Coram
M. DATTIJO MUHAMMAD JCA (Presided and Read the Lead Ruling) EJEMBI EKO JCA T. O. AWOTOYE JCA

Appearances
T. Oshobi - D -*- for the Appellant/Applicant. -*- L. E. Nwosu, SAN (with him, E. Asido, D. E. Ekenna and A. Nworgu) - for Respondents.

Judgement

MUHAMMAD JCA (Delivering the Lead Ruling): By its notice ofmotion dated 31 March and filed on 1 April 2011, the appellant/applicant seeks the following reliefs:

“An order of honourable court granting leave to the applicant to adduce further evidence in the instant appeal to wit:

The fact that the judgment of the court of appeal, Owerri in appeal No. CA/PH/103/2006: SPDC v. Chief Authur John, Elder Frank Ule, Chief Silas Oforji and Ors . Delivered on 10 June 2010 against the Shell Petroleum Development Company of Nigeria Plc in a sum in excess of N1.6 billion which payment was secured by the applicant’s Bank Guarantee dated 28 September 2009 (which was the “ res ” in the proceedings before the lower court leading to the instant appeal) has been stayed by the ruling of the said court on Monday, 21 February 2011.

The Certified True Copy of the aforesaid ruling of the Court of Appeal, Owerri in appeal No. CA/PH/103/ 2006: SPDC v. Chief Arthur John, Elder Frank Ule, Chief Silas Oforj…

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