(2012) JELR 46173 (CA)    
Court of Appeal  ·  CA/L/711M/2010 ·  15 Jun 2012 ·  Nigeria
IBRAHIM MOHAMMED MUSA SAULAWA Justice of The Court of Appeal of Nigeria JOHN INYANG OKORO Justice of The Court of Appeal of Nigeria RITA NOSAKHARE PEMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
court of appeal
court of appeal rules
high court
criminal proceedings
notice of appeal
chief g.o.k. ajayi
instant application
virtue of the provisions of order
decisions of the federal
determination of the appellant
further proceedings
lagos state high court
lead ruling
learned trial judge
order of stay of proceedings
order of this court
1st witness chief okoye eze
ag oyo state
attorney general of edo state
civil procedure
continuation of hearing
copies of various exhibits
court process borders
final decisions
firm of messrs g.o.k. ajayi
following cases
further proceedings of the substantive case
high court of lagos state
kotoye vs. cbn
lack of service of hearing notice
legal practitioner
mrs. w.a. ogude of claimant
paragraphs a
paragraphs of the affidavit
personal reasons
proceedings today
recent case of gadi vs. male
said applications
trite fundamental principle of fair hearing
uzoukwu vs. ezeonu ii
virtue of the provisions of section

I.M.M. SAULAWA, J.C.A, (Delivering the Lead Ruling): The instant application was filed by the Appellant on July 12, 2010. By the application in question, the Appellant has sought the following sole relief:

"... an order staying further proceedings in suit No. LD/4740/94 pending before the Lagos State High Court pending the determination of the Appellant's Appeal to the Court of Appeal..."

The application was supported by a 48 paragraphed affidavit, deposed to on 12/7/10 by one Ngozi Rita Okoli, a legal practitioner in the firm of Messrs G.O.K. Ajayi and Co, the Applicant's solicitors. Annexed to the affidavit were copies of various exhibits, viz:

(i) Exhibit NR01 - regarding the ruling delivered on 25/6/10 by the Hon. Justice T. Ojikutu - Oshode in

Suit No. LD/4749/1994 between the parties herein.

(ii) Exhibit NR02 - regarding the motion dated 01/12/09 but filed on 08/12/09 in the lower court by the Applicant's counsel.

(iii) Exhibit NR03 - regarding the Notice of Appeal dated and fil…

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