BEST LAW REPORT SUBSCRIPTION PRICE!!

  • Mobil Oil Nigeria Plc. v. Rabiu
  • 149
  • 2003-04-07
  • ₦ 200
  • Buy Now

Mobil Oil Nigeria Plc. v. Rabiu

MOBIL OIL NIGERIA PLC

V

1.      AHMADU RABIU

2.      MUKTAR RABIU

COURT OF APPEAL

( JOS DIVISION )

IBRAHIM TANKO MUHAMMAD, JCA ( Presided )

OLUDADE OLADAPO OBADINA, JCA

ISA ABUBAKAR MANGAJI, JCA ( Read the Lead Judgment )

CA/J/141M/2001

MONDAY, 3RD DECEMBER, 2001

APPEAL - Notice of appeal - Where unsigned - Fundamental defect of -

APPEAL - Stay of execution pending appeal - Need to be based on valid appeal - Effect of an unsigned notice of appeal

COURT - Motion for stay - Need to be based on valid appeal

JUDGMENT AND ORDERS - Monetary judgment - Where stay of execution thereof sought factor to consider

JUDGMENT AND ORDERS - Stay of execution of judgment - Application for - Need to be based on valid appeal - Need to exhibit certified true copy of judgment sought to be stayed

PRACTICE AND PROCEDURE - Monetary judgment - Where stay of execution thereof sought - Factor to consider

PRACTICE AND PROCEDURE - Motion for stay - Need to be based on valid appeal

PRACTICE AND PROCEDURE - Oral application - Whether to be allowed in appropriate cases

PRACTICE AND PROCEDURE - Stay of execution - Application for stay before the Court of Appeal - Need to exhibit judgment sought to be stayed - Effect of failure to exhibit certified true copy of judgment sought to be stayed

PRACTICE AND PROCEDURE - Stay of execution - Application for stay before the Court of Appeal - Need to exhibit judgment sought to be stayed - Effect of failure to exhibit certified true copy of judgment sought to be stayed

PRACTICE AND PROCEDURE - Stay of execution - Factors relating thereto and principles governing

Issues:

1.            Whether there is an appeal where the notice of appeal is unsigned at all

2.            Whether an application for stay of execution pending appeal is maintainable where the notice of appeal is fundamentally defective

Facts:

The defendant/judgment debtor filed an application for stay pending appeal before the trial court. The application was struck out when the applicant’s counsel declined to move it on the hearing date. Subsequently, the applicant filed the present motion before the Court of Appeal. The plaintiffs/respondents opposed the motion on the grounds, inter alia, that the notice of appeal filed against the judgment was not signed at all.