Nigerian Maritime Administration And Safety Agency & Anor V. Hensmor Nigeria Ltd. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

RITA NOSAKHARE PEMU, J.C.A. (Delivering the Lead Ruling)

By notice in a motion dated 7th February, 2012 and filed on same date, the Applicants seek an order of this Honourable Court for an unconditional stay of Execution of the Judgment of the Federal High Court, delivered on the 2nd day of December 2011.

And for such further or other orders as this Honourable Court may deem fit to make in the circumstances.

In support of the application is a 15 paragraphs affidavit sworn to by one Bibiana Orekyeh, lawyer in the chambers of Louis Mbanefo & Co, representing the Applicants in the suit. There is also a further affidavit filed on 15/3/2012.

Annexed to the application are three exhibits, viz Exhibits BO1, BO2 and BO3 respectively.

Exhibit “BO1” is the Certified True Copy of the Judgment of the Federal High Court, Lagos of Friday 2nd of December, 2011, delivered by Honourable Justice O.E. Abang.

Exhibit “BO2” is the Notice of Appeal filed by the Applicants on the 6th of December, 2011.

Exhibit “BO3”, en bloc are the copies of Bank Statements relating to some of the accounts of the 1st Applicant. They are however not certified according to law. It offends Section 114(1) of the Evidence Act 1990.

The Applicants had filed a motion for Stay of Execution of the Judgment of Honourable Justice O.E. Abang delivered on the 2nd of December 2011, whereby he ordered the Applicants to pay the sum of approximately N6,000,000,000.00 (Six Billion Naira) to the Respondent.

The court below, having heard arguments on the motion, on the 3rd of February 2012, granted a stay of execution, with conditions.

A copy of the said Ruling was however not annexed to this application.

The Respondent filed a counter-affidavit on the 1st of March 2012 and a further counter affidavit on the 19th of March 2012.

In considering this application, I observe that the application is brought pursuant to order 7 Rules 1 & 3 of the Court of Appeal Rules 2011; Section 17 Court of Appeal Act Cap. C36 LFN 2004, and under the inherent jurisdiction of this Court.

The Application reads thus, inter alia