LIYANAGE
V.
SAN

(1998) JELR 79841 (CA)    
Court of Appeal  ·  22 Jul 1998 ·  Nigeria
 · 
Other Citations
Liyanage v. San (1998) 13 NWLR (Pt. 582) 500
CORAM
EMMANUEL OLAYINKA AYOOLA. J.C.A. (Presided and Lead the Leading Riding), IGNATIUS CHUKWUDI PATS-ACHOLONU. J.C.A., OKWUCHUKWU OPENE. J.C.A.
Core Terms Beta
party
application
appellant
appeal
order
matter
stay of proceedings
person
case
federal high court
suit
don liyanage
parties
chief williams
determination of his appeal
parte orders of injunction
preliminary objection
interlocutory orders of injunction
leading ruling
lower court
parte orders
stay of further proceedings
substantive suit
above named intervener
appeal lies
determination of certain questions
determination of the motion
devon industries ltd.
exceptional circumstances
ex parte application
fitness of eric neo gim eng
following persons
hearing of the appellant
interested party
interim orders of injunction
leave of the court
locus classicus
main ground
parte orders of interim injunction
pats-acholonu
provisions of this rule
question of stay of proceedings
real test
ruling of the lower court
set aside
substantive action
successful leads
termination of the substantive action
wong tui san

AYOOLA, J.C.A. (Delivering the Leading Ruling): There is before us an application by Don Liyanage who described himself as "intervener" but is described in this ruling as "the appellant", for an order for stay of further proceedings in the Federal High Court in a suit between Wong Tui San and anor (''the applicants") and Devon Industries Ltd. and others ("the respondents") to which he is not a party. The appellant sought a stay of proceedings pending the hearing and determination of his appeal from the decision delivered by the Federal High Court on 17th April 1998 upholding a preliminary objection to an application by him to set aside ex parte orders of injunction made in the suit sometime in July 1996 affecting him and other parties.

The applicants by an originating summons initiated proceedings against the two respondents for the determination of certain questions concerning, in the main, the qualification and fitness of Eric Neo Gim Eng and Neo Choon Hian, respectively, second and …

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