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Kano---The Presiding Judge, National Industrial Court, Kano Judicial division, His Lordship, Hon. Justice E. D. Isele has dismissed the application for the stay of execution filed by Threshold Out Source Ltd against Judgment creditor Mr Tijjani Imam for being incompetent, vexatious, oppressive, frivolous and time-wasting.
The Court held that the notice of appeal filed by the applicant is incompetent on the ground that it was filed outside the statutory period provided and no leave was sought in filing same.
By a motion on notice filed on the 12th April, 2019 the first Judgment Debtor -Threshold Out Source LTD prayed for An order staying the execution of the Judgment entered and delivered on the 11th May 2017, in favour of the Judgment Creditor pending the hearing and determination of the notice of appeal filed by the 1st Judgment Debtor dated 9th April 2019.
In the motion, the 1st Judgment Debtor argued that the application has to be granted to avoid making the decisions of the Court of Appeal nugatory.
In opposition, the learned counsel to the Judgment Creditor submitted that the notice of appeal filed to support the instant application was filed in April, 2019 while Judgment was delivered on the 11th May 2017 nearly two years, the applicant is therefore out of time to file an appeal and no cogent reason advanced to warrant the grant of the application urged the court to dismiss the application as it is frivolous, vexatious and an abuse of the process.
Delivering the ruling, Justice Isele held that the notice of appeal filed by the applicant is incompetent on the ground that it was filed outside the statutory period provided and no leave was sought in filing same.
“I equally agree with the counsel to the judgment creditor that this application was made to frustrate the Judgment Creditor because the judgment was delivered on the 11th May 2017 and this application and the notice of appeal was filed on the 12th April 2019 a period of almost two years.
“It is in the light of all the above, I hold that this application is incompetent, vexatious, oppressive, frivolous, time-wasting and thus dismissed.†Justice Isele ruled.
