Hope Uzodinma V. Senator Osita Izunaso & Ors (2011)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

PAUL ADAMU GALINJE, J.C.A. (Delivering the Leading Judgment)

By a motion on notice dated 9th of January, 2011, the Applicant herein sought for the following reliefs:-

1. An order staying execution of the judgment of Honourable Justice A.A, Kafarati of the Federal High Court, Abuja, delivered on the 28th of January, 2011, in suit No, FHC/ABJ/CS/51/2011, pending the hearing and determination by this Court, of the Applicant’s appeal against the judgment.

2. And any other orders as this Honourable Court may deem fit to make in the circumstances.

This motion is supported by a 21 paragraphs affidavit deposed to by Ifeyinwa Arum, a legal practitioner in the law firm of Paul Erokoro & Co. annexed to the affidavit are:-

i. Judgment that is sought to be stayed.

ii. Notice of Appeal filed on the 10th of February, 2011.

iii. Another notice of appeal filed on the 10th February, 2011.

iv. Application for CTC of the Original Originating Summons in Suit No. FHC/ABJ/CS/51/2011 SENATOR OSITA B. IZUNASO VS HOPE UZODINMA & 2 ORS stamped on 10/2/11.

v. Application for CTC of the Original Originating Summons stamped on 10/2/11.

vi. Same as 5 above stamped 10/2/11

vii. PDP provisional clearance certificate issued to the Applicant.

These documents enumerated above are marked Exhibits A, B, C, D1, D2, D3 and E respectively.

The first Respondent’s 41 paragraphs counter affidavit is dated and filed on the 18th February, 2011 attached to the counter affidavit are:-