Customer Support

T.S.A. (IND.) LTD.
V.
KEMA INVESTMENT LTD.

(2006) JELR 53966 (SC)

Supreme Court 13 Jan 2006 Nigeria
BriefBot icon

BriefBot Summary

Free

Get an AI-generated summary of this case.

Case Details

Suit Number:SC. 155/2001
Judges:IDRIS LEGBO KUTIGI JSC (Presided) UMARU ATU KALGO JSC DAHIRU MUSDAPHER JSC ALOMA MARIAM MUKHTAR JSC
Counsel:E. O. Etomi (Mrs.) - for the Appellant . G -*- Hakim Bolaji Abina, Esq. (with him, Olusegun Ibironke, Esq.) - for -*- the Respondent .
Other Citations:T.S.A Ind. Ltd. v. Kema Inv. Ltd. (2006) 2 NWLR (Pt.964) 300 (2006) 1 S.C (Pt III) 9 (2006) 1 S.C (Pt III) 9

OGBUAGU JSC (Delivering the Lead Judgment): This is an appeal against the ruling of the Court of Appeal, Lagos Division delivered on 14th May, 2001. The appellant had applied to that court (hereinafter called “the court below”), for a stay of execution of the judgment of the trial court delivered on 4th March, 1999 in suit No. 1J/1902/97. The court below after considering the affidavit in support of the application and that in opposition, granted the application, but conditionally. It is against the said grant/decision that the appellant has appealed to this court on two (2) grounds of appeal which read thus:

“(1) The lower court erred in law when it held that the decision of the Supreme Court in the case of Mohammed v. Olawumi  (1993) 4 NWLR (Pt. 287) 254 at 281 is inapplicable herein.

Particulars of Error

(i) In Mohammed v. Olawumi (supra), the Supreme Court held that where the High Court proceeds with a case in defiance of an application for stay of proceedings pending in the…

There's more. Sign in to continue reading.

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 77,000 cases, recent judgments, statutes, and rules of court.