United Bank for Africa Plc V. Tsokwa Motors Nigeria Limited & Anor (1999)

LawGlobal-Hub Lead Judgment Report

AKPABIO, J.C.A.

This is a ruling on a series of motions on Notice dated 19/7/99, 13/9/99 and 17/9/99 brought on behalf of Appellant/Applicant pursuant to Order 3 Rule 2(5) of the Court of Appeal Rules 1981 (as amended), Sections 16 and 18 of the Court of Appeal Act, 1976 and under the Inherent Jurisdiction of the Court for various orders of this court as follows:

(a) By the motion dated 19/7/99, the order sought was for:

“An order staying the execution of the judgment of the High Court of Taraba State delivered by Hon. Justice E.D. Audu on 27/10/97 in Suit No. G.GSW/11/88 pending the determination of this appeal:”

(b) By the motion dated 13th Sept. 1999, for the following orders:-

“1. An order setting aside the execution levied on the applicant on the 21/7/99.

2. An order releasing all the properties attached or taken in execution to wit:-

Vehicles Reg. BD 213 AA Bullion Van Tiger

Isuzu

E 27 HNG

AA 436 DKW

AZ 916 LSR Escort Van

CB 244 AA Peugeot Pick-Up

Van Police Escort.

Generator Per fex.