n Compulaw - 1st Indigenous Digital Law Library
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CaseLaw

Owoniboys Tech Serv V. John Holt (1991) CLR 7(m) (SC)

Judgement delivered on July 19th 1991

Brief

  • Practice directions
  • Extension of time to appeal to Supreme Court
  • Leave to appeal
  • Stay of execution pending appeal
  • Rules of court

Facts

The admitted facts are that the Court of Appeal delivered its judgement sought to be appealed against on 7/7/88. On 5/8/88 the respondent filed an application for leave to appeal to the Supreme Court, because the grounds of appeal filed were of mixed law and facts. On 13/10/88, 3 months and six days after, this application was granted.

The Court further ordered a stay of execution on the condition that the appellant should issue a banker's guarantee within 30 days to pay back the judgment debt if the respondent should succeed on appeal.

Against the orders of the Court of Appeal, the appellant appealed to the Supreme Court.

Issues

Whether the Court of Appeal properly complied with the provisions of section...

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