CHIEF SERGENT CHIDI AWUSE VS. DR. PETER ODILI
June 13, 2025MUHAMMADU BUHARI V CHIEF OLUSEGUN A. OBASANJO
June 13, 2025Legalpedia Citation: (2003) Legalpedia (CA) 17391
In the Court of Appeal
Thu Nov 27, 2003
Suit Number: CA/L/75M/95
CORAM
JAMES OGENYI OGEBE JUSTICE, COURT OF APPEAL
ESO, JUSTICE SUPREME COURT
ESO, JUSTICE SUPREME COURT
PARTIES
FEDERAL MORTGAGE BANK OF NIGERIA APPELLANTS
1. TRANSNATIONAL FINANCE & INVESTMENT LTD2. LEGEND SECURITIES LTD3. WALE GOMEZ4. HARBOUR SAVINGS & LOANS LTD RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Appellant/Applicant filed an application before the Court of Appeal praying for an order of stay of execution of the order of final judgment entered against the Appellant/Applicant for the sum of N1, 300,000.00 by the trial court pending the hearing and determination of the Defendant/Applicant’s appeal against same; an order granting leave to raise fresh issues and adduce further or additional evidence.
HELD
Application was partially granted.
ISSUES
RATIONES DECIDENDI
STAY OF EXECUTION- WHEN CAN BE GRANTED
“Stay of Execution is not granted unless special circumstances are established to warrant the grant because a successful litigant is entitled to the fruit of its litigation”. PER OGEBE, JCA
ADDITIONAL EVIDENCE -CONDITION WHERE SAME CAN BE ADDUCED ON APPEAL
“It is trite law, that additional evidence is not adduced in a Court of Appeal unless it is shown that such evidence could not have been produced with all diligence before the trial court”. PER OGEBE, JCA
STAY OF EXECUTION-WHAT THE COURT SHOULD CONSIDER IN GRANTING AN APPLICATION FOR
“The court in considering an application for grant of an order for stay of execution must weigh the balance of convenience between the contesting parties”. PER OGEBE, JCA
CASES CITED
STATUTES REFERRED TO
