MSHELIA JCA (Delivering the Lead Ruling): When the motion on notice filed on 2 December 2009 by appellant/applicant seeking for an order staying proceedings in suit No. ID/1206/2009 pending before the High Court of Lagos State came up for hearing, a notice of intention to rely on preliminary objection to the hearing of the motion filed by the respondent was taken first. The respondent filed the notice of intention to rely on the preliminary objection on 15 January 2010. The preliminary objection read thus:
“Take notice that the respondent herein named intends at the hearing of the motion for stay of proceedings dated 16 December 2009 to rely upon the followingpreliminary objection notice whereof is hereby given to your, viz.
The appellant cannot apply for an order of stay of proceedings in the absence of a valid notice of appeal in this matter. 2. The ruling (if one exists at all) of the courtbelow refusing a similar application for stay is not attached to the application of the appel…