(1988) JELR 39776 (CA)    

Court of Appeal  ·  CA/K/164/87 ·  8 Jun 1988 ·  Nigeria
Other Citations
Adene v. Dantumbu (1988) 4 NWLR (Pt 88)
Adene v. Dantumbu (1988) 4 NWLR (Pt. 88) 309
SANI SALITH AIKAWA Justice of The Court of Appeal of Nigeria OKAY ACHIKE Justice of The Court of Appeal of Nigeria JUSTIN THOMPSON AKPABIO Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned trial judge
supreme court
interim injunction
interest of justice
kaduna high court
fair hearing
order of interim injunction
frantic efforts of the applicant
military governor of kano state
paragraph counter-affidavit
principle of audi alteram partem
see otapo v
subject matter of this suit
suit no. kdh
antithesis of arbitrary exercise of judicial powers
audi alteram partem
close look
cogent reason
corner-stones of the rule of fair hearing
final analysis
further order of interim injunction
general rule
high court judge
high court kaduna
high court of kaduna
judgment of this court
judicial powers
justice cudjoe
leading judgment
leave of the trial court
natural justice
offshoot of a case
only discernable reason
order of stay of proceedings
pendency of the said appeal
reasonable time
ruling of the trial court
stay of proceedings of the aforesaid suit
strong opposition
such manner
support of the motion
view of the fact

ACHIKE, J.C.A. (Delivering the Leading Judgment): This appeal is an offshoot of a case that was commenced in 1983. The appellant herein filed a motion on notice dated 3rd June, 1987 wherein he prayed the High Court of Kaduna presided over by Justice Cudjoe for an order of stay of proceedings in Suit No. KDH/266/83. From the affidavit in support of the motion one gathers that Suit No. KDH/266/83 had earlier journeyed to this Court on appeal from the appeal lodged therein by the respondent herein against the judgment of the learned High Court Judge. This Court, in its judgment dated 16th April. 1987, ordered that the case be remitted to the High Court Kaduna for retrial. Dissatisfied with the judgment of this Court the appellant has now appealed to the Supreme Court and that appeal is currently pending. The pendency of the said appeal at the Supreme Court, it is alleged, has necessitated the motion by the appellant for stay of proceedings of the aforesaid suit at the Kaduna High Court. …

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