LONESTAR DRILLING NIGERIA LTD.
V.
TRIVENI ENGINEERING & INDUSTRIES & ORS.

(1998) JELR 45682 (CA)    

Court of Appeal  ·  CA/B/265M/98 ·  14 Dec 1998 ·  Nigeria
 · 
Other Citations
Lonestar Drillling Ltd. v. Triveni Eng. & Ind. (1999) 1 NWLR (Pt.588) pg.622
CORAM
OKAY ACHIKE Justice of The Court of Appeal of Nigeria SUNDAY AKINOLA AKINTAN Justice of The Court of Appeal of Nigeria MAHMUD MOHAMMED Justice of The Court of Appeal of Nigeria
Core Terms Beta
applicant
order
court
lagos
affidavit
motion
federal high court
respondents
instant case
release of the ship
abutu j.
inter alia
lagos division of the court
learned judge
oaths act
sanyaolu j.
benin judicial division of the court
chief judge of the federal high court
court order
determination of this appeal
egbo-egbo
exact words
honourable court
stay of execution of the order
stay of further proceedings
suit no. fhc
10th october
19-paragraph affidavit of urgency
45-paragraph counter-affidavit
5th october
abutu j
brief summary of the facts
circumstances of this case show
detention of the 4th respondent
ex parte
fair hearing
fundamental human rights
grant of its application
ibw enterprises limited
main point
merchant ship
paragraph affidavit
production of a letter
production of the detained crew
support of the reliefs
support of this application
travel documents

AKINTAN, J.C.A. (Delivering the Lead Ruling): This is ruling on a motion brought by the applicant dated 10th October. 1998. The applicant is praying this court, in the motion, for "an order for stay of further proceedings before the Federal High Court sitting at Lagos in Suit No. FHC/B/22897 as per hearing notice dated 5th October, 1998, pending the hearing and determination of this appeal". The 3 grounds given in support of the reliefs sought as set out on the motion paper are:

"(i) The circumstances of this case show special exceptional and urgent reasons why the proceedings at the Federal High Court, holden at Lagos on Tuesday, 13th October. 1998 should be stayed.

(ii) Unless the proceedings before the Federal High Court sitting at Lagos on Tuesday, 13th October, 1998 are stayed by this Honourable Court, the appellant/applicant will suffer irreparable and grievous hardship.

(iii) The applicant has no confidence that he will receive a fair hearing before the Federal High Court sitt…

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