Dortmund Company Limited & Anor V. MR. Abugu Elias (2013)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

Summary

This is an application filed on 17th day of May, 2013 in which the applicant prayed for the following relief: “An order staying the execution of the Judgment of this Honourable Court delivered on the 16th day of May, 2013 in Appeal No: CA/EK/31/2012…………….pending the determination of the appeal by the Supreme Court.” The grounds for the application are reproduced as follows:- “(1) This Honourable Court entered Judgment for the Respondent and awarded a sum of N1 Million (One Million Naira) in favour of the Respondent and against the Appellants as general damages.

(2) This Honourable Court made an order on 7th day of November, 2012 that the Appellants/Applicants should pay N1,330,000.00 (One Million, Three Hundred and Thirty Thousand Naira Only) being the Judgment sum ordered by the lower court into an interest yielding account at Access Bank of Nigeria Plc. in the name of the Deputy Chief Registrar of the Court of Appeal, Ekiti Judicial Division.

(3) The Appellants/Applicants strictly complied with the said order.

(4) Appellants’ grounds of appeal raised substantial points of law and the appeal has a reasonable chance of success at the Supreme Court.

(5) Unless the execution of the Judgment of this Honourable Court is stayed, the success of the appeal would be rendered nugatory.

(6) It is in the interest of Justice to grant this application.” In the final analysis it was held that in the circumstance, there is merit in this application and it was granted. It was hereby ordered that the execution of the Judgment of this Honourable Court delivered on the 16th day of May, 2013 in Appeal No:- CA/EK/31/2012 – DORTMUND COMPANY LIMITED & ANOTHER VS MR. ABUGU ELIAS was hereby stayed pending the determination of the Appeal by the applicants at the Supreme Court.

It was futher ordered that there shall be no order as to costs and each of the parties are to bear their own costs.

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Other Citation: (2013)LCN/6758(CA)

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