FABIYI, J.C.A. (Delivering the Lead Ruling): On 29-1-2004, this court handed out a ruling in which it granted stay of further proceedings in respect of the matter dealing with competence of the court and order of interim injunction. Chief U. N. Udechukwu, SAN maintained that the stay of proceedings in respect of the above matter pending appeal to the Supreme Court in respect of same has nothing to do with the main appeal. He then desired to take their pending motion for departure from the rules so as to facilitate the entry of the appeal proper in this court. We called on all the counsel to address us on the propriety or otherwise of delving into the main appeal after the stated stay of proceedings in respect of the then pending matter was granted.
On 11th February, 2004, all learned Counsel for the parties advanced useful submissions in respect of their stand points.
Chief U. N. Udechukwu, SAN observed that the appeal has not been entered in this court. As such, it cannot be subject of…