(1980) JELR 44480 (SC)    

Supreme Court  ·  SC.11/1977 ·  15 Feb 1980 ·  Nigeria
Other Citations
(1980) All N.L.R 64 Shodeinde v. Registered Trustees Of the Ahmaadiyya (1980) 1-2 S.C. 99
CHUKWUNWEIKE IDIGBE Justice of The Supreme Court of Nigeria ANTHONY NNAEMEZIE ANIAGOLU Justice of The Supreme Court of Nigeria ANDREWS OTUTU OBASEKI Justice of The Supreme Court of Nigeria MUHAMMADU LAWAL UWAIS Justice of The Supreme Court of Nigeria GEORGE SODEINDE SOWEMIMO Justice of The Supreme Court of Nigeria
Core Terms Beta
court of appeal
high court
stay of proceedings
determination of the appeal
first instance
order of injunction
ahmadiyya movement
notice of appeal
federal court of appeal
sir george jessel
s. c. r.
l. j.
name of the movement
said judgment
such jurisdiction
supreme court rules
arguments of counsel
chancery division
complete review of the authorities
decided cases
decision of the high court
decisions of the high court
determination of the said appeal
dismissed suit
executive committee of the ahmadiyya movement
general principle
high court lagos state
lawful representatives of the ahmadiyya movement
leading judgment
learned authors
major issue
messrs. jessel
n. l. r.
n.l.r. p
number of cases
orion property trust ltd. v
practice of the court
questions of considerable importance
respect of its decision
said decision
sir hugh cairns
status quo of the subject matter of litigation
stay of any action
stay of execution
unsuccessful plaintiff
view of order

C. IDIGBE, J.S.C. (Delivering the Leading Judgment): My Lords this appeal has come before us upon a preliminary point which as can be evinced from the proceedings in the court below, the briefs filed by, and the arguments of counsel in this court calls for a decision on questions of considerable importance to litigants who being dissatisfied with and intending to appeal from, decisions of the High Court to the Federal Court of Appeal (which I will hereafter refer to simply, as "the Court of Appeal") are at the same time anxious to preserve the status quo of the subject matter of litigation pending the determination of the appeal. The questions fall into two main parts, and they are:

(1) Whether, generally, the High Court has jurisdiction to stay proceedings in respect of its decision under appeal (a) where by the said decision it has dismissed a claim before it "absolutely"; and (b) if so, whether in any event it can exercise such jurisdiction after the order has been drawn up and enr…

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