OGUNYEMI
V.
EJIDE

(2007) JELR 57626 (CA)    

Court of Appeal  ·  CA/I/M.193/04 ·  4 Jul 2007 ·  Nigeria
CORAM
JOHN AFOLABI FABIYI JCA (Presided and Read the Lead Ruling) AMINA ADAMU AUGIE JCA JOHN INYANG OKORO JCA
Core Terms Beta
application
applicants
stay of proceedings
appeal
lower court
counsel
behalf of the respondent
justice of the case
matter
order
respondent
special circumstance
brother
ground
valid appeal
valid subsisting appeal
good faith
interlocutory order
learned trial judge
pending appeal
3rd november
anambra state
applicants’ application
applicants’ writtensubmissions
augie jca
considered opinion
considered view
constitutional right
court vide motion
decision of the learned trial judge
exhibit ff1
fabiyi jca
further application
grant
interest of justice
judgment of atinuke ige
lead judgment
leave of court
leave of the lower court
new issues
okoro jca
similar application
solitary ground of appeal
special duties
standpoint of the learned trial judge
stay of proceedings of the suit
trial court
trial judge
view
view of the chequered history of this case

FABIYI JCA (Delivering the Lead Judgment): The applicants herein, by a motion dated 8th April, 2003, sought the leave of the lower court to amend the statement of defence. The application was refused bythe learned trial Judge in his ruling handed out on 3rd November, 2003 on the ground that the amendment sought, related to new issues that have no bearing with issues earlier on settled, particularly since the facts arose after the judgment of Atinuke Ige, J. delivered on 20th July, 1979. These facts are extant in exhibit FF1. The applicants were not satisfied with the standpoint of the learned trial Judge. They filed another application dated 7th November, 2003 for stay of proceedings of the suit before the trial court. The application was refused by the lower court in its ruling of 3rd June, 2004 on the ground that leave to appeal ought to have been sought and obtained and since the applicants failed to seek the leave of court, there was no valid appeal upon which the application fo…

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