A property firm, Abeh Signature Limited has filed a stay of execution of the judgement of the Court of Appeal pending an appeal to the Supreme Court, in the property dispute between it and one Asabe Waziri, a senior staff of the Nigerian National Petroleum Company Limited.
The Appeal Court unanimously overturned the judgement of Justice Othman Musa of the FCT High Court, which ordered Abeh Signature Ltd, to refund N150m to Ms. Asabe Waziri, being the amount paid for two (2) bedroom unit, of flat 3B and 3C at Abeh Signature Apartments located at 1, Mekong Close. Maitama Abuja.
Two flats in the property of 15 flats have been in dispute between Abeh Signatures Limited and Asabe Waziri, for over two years.
The Appeal Court sets aside the judgement of Justice Musa. The FCT High Court ordered Ms. Waziri to vacate the two-bedroom property she purchased from the firm.
Not satisfied with the judgement, Asabe approached the court, praying for an order to set aside the high court judgement.
After parties argued their briefs, in a unanimous judgement, the panel of justices led by Justice Hamman Aikawu Barka, set aside the judgement of the lower court.
The Court of Appeal declared that the judgement of the trial court was not supported by credible evidence and constituted a miscarriage of justice.
Justice Barka, in his judgment, stated: "It is clear that the respondent, having benefitted more from the transaction, seeks to vitiate the contract possibly to further benefit from it. I agree with the appellant's counsel that the appeal is destined for success and should be allowed. Hence, having resolved all issues in favor of the appellant, this appeal succeeds and is hereby allowed. The judgment of the High Court of the Federal Capital Territory, Abuja in suit No: CV/2435/2021, delivered on February 17, 2022, is hereby set aside, and all actions taken consequent to the said judgment also stand vacated."
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But in a swift reaction, the respondent, through his lawyer, Barrister Victor Giwa, in an application dated May 22, 2024, prayed the court to stay the execution of the judgement pending an appeal to the apex court.
The applicant in the motion prayed the court for the following order, "An order for stay of the execution of the Judgment delivered by this Honourable Court on the 21st day of May, 2024 in Appeal No: CA/ABJ/CV/246:2022 between Asabe Waziri v. Abeh Signature Limited, pending the final determination of the substantive Appeal.
An order of injunction restraining the appellant/respondent whether by herself or her privies, assigns, agents, personal representatives, successors-in-title from acting in any manner to give effect to the judgment of this court delivered on May 21, 2024 pending the determination of the appeal. And for such further orders as this Honourable Court may deem fit to make in the circumstance.
