Mrs Ifeoma Mbah & Anor V. Chief Frank Uduah (2009)

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JIMI OLUKAYODE BADA, J.C.A.

: This is an Application dated the 22nd day of March, 2007 and filed on same date in which the Appellants/Applicants prayed for the following orders:-

“(1) An Order of this Honourable Court staying the execution of the Judgment of the High Court of the Federal Capital Territory Abuja entered against the Appellants/Applicants on the 24th day of January, 2007 pending the appeal already filed in this Court.

(2) And for such Order or Orders as this Honourable Court may deem fit to make in the circumstances of the Appellants/Applicants case.

“Grounds for the Relief Sought

(1) The Appellants/Applicants have made an application for stay of execution at the lower court.

(2) The Appellants/Applicants have applied to the Appeal Registry of the lower court for the compilation of Record of Appeal.”

In support of the Application is an affidavit of 5 paragraphs and 4 paragraphs of further affidavit.

The Respondent opposed the application and relied on 7 paragraphs Counter Affidavit.

The relevant paragraphs of the affidavits are set out as follows:-

Affidavit in Support:- Paragraphs 3 & 4

“(3) That I have the consent of both the Applicants and my employers to depose to this affidavit.

(4) That I was informed by Sam Ologunnorisa Esq., the Counsel handling this case in our office on the 21st day of March, 2007 of the following facts which I believe to be true and correct.

(a) That the Respondent got a judgment against the Appellants on the 24th January, 2007 at the High Court of Justice, Federal Capital Territory, Abuja (Hereinafter Referred to as the Lower Court).