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  • 2002-08-05
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Central Bank of Nigeria v. Harris

1.      CENTRAL BANK OF NIGERIA

2.      NATIONAL BANK OF NIGERIA

3.      ATTORNEY-GENERAL OF THE FEDERATION

V

1.      MORENIKE O. SOULE HARRIS

2.      OLUSEYE JOHNSON

3.      ASHABI IDUNSI

4.      ADUKE SOULE

5.      AKANNI MOROTI SHELLE

6.      BILIKISU SOULE

7.      SIDIKAT SOULE

8.      SHERIFFAT SOULE

COURT OF APPEAL

( LAGOS DIVISION )

GEORGE A. OGUNTADE, JCA ( Presided and Read the Lead Judgment )

SULEIMAN GALADIMA, JCA

PIUS OLAYIWOLA ADEREMI, JCA

CA/L/391/97

MONDAY, 16TH JULY, 2001

JUDGMENT AND ORDERS - Judgment debt - Whether judgment debtor will be allowed to retain same pending appeal

PRACTICE AND PROCEDURE - Litigant - Confidence of in the judicial system - Need to sustain same

PRACTICE AND PROCEDURE - Litigant - Successful litigant - Whether can be denied the fruit of his judgment

Issue:

Whether there are special circumstances necessitating the grant of an order staying the execution of the terms of judgment of the trial court.

Facts:

The respondents herein got judgment for N43 million as damages against the defendants/appellants jointly and severally for trespass and unlawful occupation of the property known as No. 16 Williams Street, Lagos.  The 1st and 2nd defendants/appellants were dissatisfied with the judgment and filed an appeal against it.  In their appeal the appellants filed an application for a stay of execution of the terms of the judgment of the trial court pending the determination of this appeal.