S.G.B. (NIG.) LTD.
V.
AINA

AYOOLA, J.C.A. (Delivering the Leading Ruling): This is a second application by the defendant concerning a suit commenced at the High Court of Lagos State for an order staying further proceedings in the said suit. An application made to the High Court for the same order had been refused. The back-ground facts are as follows. The plaintiff commenced the action in question at the Ikeja Judicial Division of the High Court of Lagos State against the defendants claiming certain declaratory reliefs. The case came before Ilori, J. sitting at the Ikeja Division of the High Court. On 1st June 1994, the learned Judge, still sitting at Ikeja, set the case down for trial on 25th and 26th October, 1994. On 25th October, 1994 the case came up before him, but this time, he was sitting at the Lagos Judicial Division. The plaintiff was present and represented by counsel, but the defendants were absent and not represented. The learned Judge proceeded with the trial. After hearing evidence in support of…