ADENE
V.
DANTUMBU

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. …