(2003) JELR 43853 (SC)    

Supreme Court  ·  SC.66/2002 ·  28 Feb 2003 ·  Nigeria
Other Citations
African Re. Corp. v. J.D.P. Const. (Nig.) Ltd. (2003) 13 NWLR (Pt.838)609 (2003) 2 - 3 S.C 47 (2003) 2 - 3 S.C 47
MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria MICHAEL EKUNDAYO OGUNDARE Justice of The Supreme Court of Nigeria SYLVESTER UMARU ONU Justice of The Supreme Court of Nigeria ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria NIKI TOBI Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
stay of proceedings
senior advocate
supreme court
suit no. ld
learned trial judge
grounds of appeal
high court of lagos state
issue of jurisdiction
notice of preliminary objection
abuse of the process of court
lagos high court
said suit
statement of claim
support of the application
honourable justice bode rhodes-vivour
judgment of rhodes-vivour
shitta-bey j.
stay of proceedings of the said suit
stay of the proceedings
supreme court registry
supreme court rules
additional cost of labour
behalf of the applicant
case file
chief g.o.k. ajayi san
completion date
copy of the said letter
existence of an appeal
following orders
following reasons
ground of objection
honourable court lacks jurisdiction
leading ruling
learned trial judge of a pending appeal
mr. joseph san
mrs. o.o. adejumo of counsel
pending appeal
proceedings of the lower court
rainy days
respect of same suit
set aside ex debito justitae
short history of this case
take notice
trial of the cases

M. E. OGUNDARE, J.S.C. (Delivering the Leading Ruling): This ruling arises from an application made by the defendant/appellant dated 27th November, 2002 and filed on 29th November, 2002. In the application the defendant/appellant is praying this Court for -

"an Order setting aside the judgment of Rhodes-Vivour, J. of the Lagos High Court delivered on the 28th of March, 2002."

Upon the ground that:-

"notwithstanding the fact that the learned trial Judge in Suit No. LD/2342/2000 was made aware of the fact that there was pending before the Supreme Court an application in which prayer sought by the applicant was for stay of proceedings of the said suit pending an appeal to the Supreme Court, the learned trial Judge proceeded nevertheless to hear and determine the said suit and thereafter entered judgment against the appellant on the 28th of March, 2002."

In the affidavit in support of the application one Olasumbo Adejumo a legal practitioner deposed, inter alia, as follows:-

"4. That o…

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