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Kosofe Local Government v. Demuren

KOSOFE LOCAL GOVERNMENT

V

SEGUN DEMUREN

COURT OF APPEAL

( LAGOS DIVISION )

SULEIMAN GALADIMA, JCA ( Presided and Read the Lead Ruling )

CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JCA

AMIRU SANUSI, JCA

CA/L/508M/2001

WEDNESDAY, 15TH MAY, 2002

APPEAL - Whether operate as a stay of execution

EVIDENCE - Stay of execution - Party applying therefor - Onus of proof thereon

JUDGMENT AND ORDERS - Successful litigant - Judgment obtained Exceptional circumstances which may deprive him of the fruit of his judgment

STAY OF EXECUTION - Appeal - Whether operate as a stay of execution

STAY OF EXECUTION - Application for - Grant of - Principle guiding STAY OF EXECUTION - Party applying therefor - Onus of proof thereon

Issue:

Whether the respondent will be denied the fruit of his judgment sum if the appellant’s application for stay of execution of trial court’s ruling is granted.

Facts:

Respondent as plaintiff in the trial High Court obtained judgment against the appellant in the sum of N685,000. Aggrieved, appellant appealed to the Court of Appeal and also filed an application for stay of execution of the trial court’s ruling.