(1998) JELR 45684 (CA)    
Court of Appeal  ·  CA/I/M.83/97 ·  5 Nov 1998 ·  Nigeria
Other Citations
Third Eye Comm. Ltd v. Ishola (1999) 2 NWLR (Pt. 592) 549
ALOMA MARIAM MUKHTAR Justice of The Court of Appeal of Nigeria MURITALA AREMU OKUNOLA Justice of The Court of Appeal of Nigeria DALHATU ADAMU Justice of The Court of Appeal of Nigeria
Core Terms Beta
lower court
learned counsel
present case
stay of proceedings
grounds of appeal
supreme court
civil procedure
high court
notice of appeal
present application
above submissions
determination of the appeal
jurisdiction of the lower court
personal service
rules of oyo state
said grounds
above cited cases
authority of other defendants
case of odutola v
court of appeal
decision of the supreme court
exceptional circumstances
following order
ground of objection
hearing of the application
high court no.8 ibadan
honourable court
issues of substantial law
leave of the high court
main issue
mode of service of a writ
only ground
oyo state of nigeria
real issue
refusal of the lower court
rules of the court
said ground
see carribean trading
similar application
special circumstances
stay of proceedings of the substantive case

ADAMU, J.C.A. (Delivering the Leading Ruling): By a motion on notice filed on 24/6/97. the appellants/applicants prayed to this court for the following order:-

..... an order for stay of proceedings of the substantive case in these proceedings now pending before the High Court No.8 Ibadan. Oyo State of Nigeria, and the pending motion, pending the decision on or the determination of the appeal lodged of the Court of Appeal, Ibadan. with the leave of the High Court against the decision or the lower court made on 31st May. 1996 in respect of which notice of appeal was filed on 11th June. 1996.

And for such further or other order or orders as this honourable court may deem fit to make in the circumstances."

At the hearing of the application on 22/9/98 learned counsel for the appellants/applicants moved the motion which was supported by two affidavits upon which he relied. He also informed us of the refusal of the lower court to grant a similar application for stay of proceedings. The appl…

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