(2005) JELR 45301 (CA)    

Court of Appeal  ·  CA/K/67/M/2005 ·  18 Jul 2005 ·  Nigeria
Other Citations
Nizo (Nig.) Ltd. v. Aliyu [2005] 17 NWLR (Pt.954) 292
BABA ALKALI BA'ABA Justice of The Court of Appeal of Nigeria ABUBAKAR ABDULKADIR JEGA Justice of The Court of Appeal of Nigeria KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN Justice of The Court of Appeal of Nigeria
Core Terms Beta
stay of proceedings
determination of an appeal
trial court
further affidavit
grounds of appeal
suit no. kdh
issue of jurisdiction
lower court
preliminary objection
high court
kaduna state high court
ruling of the trial court
copy of the said ruling
court of appeal
determination of the appeal
exceptional circumstances
general guiding principles
lead ruling
second issue
special circumstances
circumstances of this application
contention of the learned counsel
counter-affidavit shows
exhibits b
final judgment
following orders
general cause list
grant of stay of proceedings
hearing of the applicant
issues of jurisdiction
learned counsel
merit of the case
paragraph affidavit
ruling of the said justice balogun
said ruling of the trial court
substantial issues of law

BA'ABA, J.C.A. (Delivering the Lead Ruling): This is a motion on notice dated 28th day of February, 2005, and filed in this court same day, the appellants/applicants whose appeal is pending in this court sought for the following orders:

"An order staying proceedings in suit No. KDH/KAD/398/2003 pending before Hon. Justice Balogun of the Kaduna High Court, pending the determination of an appeal filed on 7/5/2004 by the applicants at the Court of Appeal, Kaduna Division, against the ruling of the said Justice Balogun in suit No. KDH/KAD/398/2003 on 6/5/04."

And for such other order/orders as the court may deem fit and just to make in the circumstances of this application."

The motion was supported by a 4 paragraph affidavit and also a 4 paragraph further affidavit.

The most relevant of these paragraphs as far as the application is concerned are paragraphs 3 of the supporting affidavit and 3(a) and (b) of the further affidavit in which it was averred on behalf of 8 the applicants as foll…

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