MRS. IBUKUN AWOSIKA v. CHIEF ISAAC OSARO AGBARA & ORS
(2019)LCN/12683(CA)
In The Court of Appeal of Nigeria
On Friday, the 8th day of February, 2019
CA/L/907CA/2018
RATIO
JUSTICES
MOHAMMED LAWAL GARBA Justice of The Court of Appeal of Nigeria
JOSEPH SHAGBAOR IKYEGH Justice of The Court of Appeal of Nigeria
JAMILU YAMMAMA TUKUR Justice of The Court of Appeal of Nigeria
Between
MRS. IBUKUN AWOSIKA Appellant(s)
AND
1. CHIEF ISAAC OSARO AGBARA
2. CHIEF VICTOR OBARI
3. CHIEF JOHN N. OGURU
4. HON. JOSEPH OGOSU
5. CHIEF GEORGE O. OSARO
6. CHIEF ADANTA OBELLE
(For themselves and on behalf of the ancient “Onneeh Ejama” Stool in Council, Chiefs, Elders, Men, Women and Children of Ejama-Ebubu in Eleme Local Government Area of River State)
– JUDGEMENT CREDITORS/RESPONDENTS
7. FIRST BANK OF NIGERIA LTD
– SURETY/CONTEMNOR/RESPONDENT
8. MRS. IBUKUN AWOSIKA
– CONTEMNOR/RESPONDENT Respondent(s)
MOHAMMED LAWAL GARBA J.C.A. (Delivering the Leading Judgment):
At the oral hearing of the appeal No. CA/L/907C/18, the learned Senior Counsel for the parties agreed and informed the Court that this appeal arose from the same Ruling by the Lower Court, was brought and premised on the same grounds and canvassed on the same issues with the said other Appeal.
That the decision in the appeal is to abide the decision in Appeal No.CA/L/907c/2018.
For that reason, the appeal is ordered to abide by the decision in Appeal No. CA/L/907c/2018.
In consequence, the motion for stay of execution filed on 11th July, 2018 for being overtaken by the determination of the appeal, is struck out.
Parties to bear their respective costs of prosecution the appeal.
JOSEPH SHAGBAOR IKYEGH, J.C.A.: I agree with the succinct judgment prepared by my learned brother, Mohammed Lawal Garba, J.C.A., (Hon. P.J.).
JAMILU YAMMAMA TUKUR, J.C.A.: I read before today the lead just delivered by my learned brother MOHAMMED LAWAL GARBA J.C.A. I adopt the judgment as mine with nothing useful to add.
Appearances:
Chief W. Olanipekun, SAN with him, Dr. D. Ipeazu (SAN), Akinlolu Oshibajo (SAN, Olabode Olanipekun (SAN) and other Counsel on the list submitted with Court.For Appellant(s)
Lucious E. Nwosu, SAN with him, R. A. Lawal-Rabana (SAN), K. L. Njemanze (SAN), J. U. L. Igwe (SAN) and other Counsel on the list submitted with Court for the 1st -6th Respondents/Judgement Creditors.
Emmanuel Nwadoka with him, A.U. Enyi and Etukudo, R. C. for the 7th & 8th RespondentsFor Respondent(s)
