THE STATE VS. DR. L.E. WILLIAMS & 2 ORS
August 4, 2025WORHI DUMUJE V. STEPHEN IDUOZO & ANOR
August 5, 2025Legalpedia Citation: (1978-02) Legalpedia (SC) 15147
In the Supreme Court of Nigeria
Thu Feb 9, 1978
Suit Number: SC. 123/1976
CORAM
SOWEMIMO JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
ESO JUSTICE, SUPREME COURT
PARTIES
A.C.B. LTD
APPELLANTS
MRS A. EHIEMUA
MRS B.U. KERRY (Trading under the name and style of Mid-West Abbas)
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE – ENFORCEMENT OF JUDGMENNT – STAY OF EXECUTION- INSTALMENTAL PAYMENT
SUMMARY OF FACTS
The trial court granted the respondents application for instalmental payment which would take 26 years to liquidate the judgment debt. The respondents had applied for instalmental payment on the grounds that they had other responsibilities including the education of their children.
HELD
The court allowed the appeal and held that the application was wrongly granted.
ISSUES
Whether the learned trial judge properly exercised its discretion in granting the respondents application for instalmental payment.
RATIONES DECIDENDI
DUTY ON TRIAL COURTS NOT TO TAKE STEPS THAT WOULD FRUSTRATE THEIR JUDGMENT
Trial courts must take every care not to frustrate their own judgment by making orders of instalmental payments of judgment debts as would amount to taking away from the judgment creditor the very judgment that the courts has awarded him – Eso J.S.C
CASES CITED
Not Available
STATUTES REFERRED TO
Not Available
