NGIGE & ANOR.
V.
ACHUKWU & ORS.

(2004) JELR 45097 (CA)    

Court of Appeal  ·  CA/E/1/2004 (R) ·  24 Feb 2004 ·  Nigeria
 · 
Other Citations
Ngige v. Achukwu [2004] 8 NWLR (Pt.875)356
Ngige v. Achukwu (2004) 8 NWLR (Pt. 875) 383
CORAM
JOHN AFOLABI FABIYI Justice of The Court of Appeal of Nigeria CLARA BATA OGUNBIYI Justice of The Court of Appeal of Nigeria MONICA BOLA’AN DONGBAN-MENSEM Justice of The Court of Appeal of Nigeria
Core Terms Beta
learned counsel
stay of further proceedings
competence of the court
chief u. n. udechukwu
supreme court
respect of the matter
main appeal
learned attorney-general
stated stay of proceedings
general terms
anambra state
said principle of law
senior counsel
stay of proceedings
court
respect of the above matter
order of interim injunction
entry of the appeal proper
appeal
dongban-mensem
1st respondent
established norms of the dignity of our honoured profession
interlocutory injunction
r. n. chenge
wole adebayo
lead ruling
11th february
pending motion
case of liyanage v
inspector-general of anambra state
counsel
full police detail
basic principles
such matters
final decision
exceptional circumstances
n.s.c.c. vol.
matter vide section
humble opinion
hand touches
further reasoning
determination of appeal
ground of appeal
iota of doubt
good judgment
special circumstance
2nd respondent
use of the word
issue of jurisdiction
substantive appeal

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 …

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