Refundability of judgment debt

Related decisions

• MORISON INDUSTRIES PLC V. CPL IND. LTD (2010)→

  Court

  Court of Appeal Lagos Division

  Judgment date

  16 July 2009

  Summary of Morison Industries Plc v. CPL Ind. Ltd case on stay of execution and the court's ruling on special circumstances for granting such a stay.

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  12

  • Preservation of the res→
  • arguable and substantial grounds of appeal→
  • burden on applicant for stay→
  • court of appeal act 2004, section 17→
  • court of appeal rules 2007, order 7 rules 1 and 3→
  • creditworthiness of judgment creditor→
  • discretionary equitable relief→
  • maintenance of status quo→

• OKONKWO V. NYAMOKO (2007)→

  Court

  Court of Appeal (Enugu Division)

  Judgment date

  28 May 2007

  Analysis of Okonkwo v. Nyamoko, where stay of execution application was dismissed for lack of special circumstances as per Nigerian Law.

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  9

  • Constitutional right of appeal→
  • discretionary relief→
  • fruits of judgment→
  • local government financial accountability→
  • local government law of anambra state 1999→
  • monetary judgment debt→
  • refundability of judgment debt→
  • special and exceptional circumstances→