JAMILU YAMMAMA TUKUR, J.C.A. (Delivering the Leading Judgment): This is an Appeal against the Ruling of the Federal High Court delivered by Honourable Justice D. D. Abutu dated 25th February, 2005 in Suit No. FHC/L/CS/649/2002 wherein the Appellant's motion on notice dated 15th February, 2005 was struck out.
Dissatisfied with the decision the Appellant appealed to this Court by filing a 1st Amended Notice of Appeal containing three grounds of Appeal. (See pages 120-122 of the 2nd additional Record of Appeal) from the grounds of Appeal, the Appellant in its brief of argument dated and filed on 25th July, 2008 formulated three issues for determination viz:-
(a) whether the trial Court was right to have declined to entertain the Appellant/Applicant's motion dated 15/2/05 for stay of the Court's ruling scheduled for 24/2/05 on the 2nd Defendant/Respondent's motion of 26/4/04 pending the hearing and determination of Appellant/Applicant's motion of 18/1/05 to regularise the Appellant/Applican…