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COL. HALILU AKILU v. CHIEF GANI FAWEHINMI (NO.2)

(1989) JELR 45315 (SC)

Supreme Court  •  SC.215/88 - SC.216/88  •  6 Mar 1989  •  Nigeria

Coram
MOHAMMED BELLO JSC; ANDREWS OTUTU OBASEKI JSC; MUHAMMADU LAWAL UWAIS JSC; ADOLPHUS GODWIN KARIBI-WHYTE JSC; SALIHU MODIBBO ALFA BELGORE JSC; PHILLIP NNAEMEKA-AGU JSC; EBENEZER BABASANYA CRAIG JSC;

Judgement

ADOLPHUS GODWIN KARIBI-WHYTE, JSC (Delivering the Leading Judgment): On the 5th December, 1988, after argument by the parties, I allowed this appeal, and indicated that I will give my reasons today. I therefore state below the reasons. The two appellants involved in this judgment S.C.215/88 and S.C.216/88 have by the circumstances of their appeals and the course of their history and association with each other have agreed that S.C.216/88 will abide by the result of S.C.215/88.

The facts of this appeal which are identical in all material respects with S.C.216/88 justify the wisdom of the arrangement. The subject-matter of this appeal as is S.C.216/88 is to set aside the order for stay of proceedings in Suit No. ID/312/88 and Suit No. ID/313/88 granted by the Court of Appeal. The Court of Appeal allowed the appeal and set aside the decision of Ilori J., of the High Court of Lagos State. Ilori J., has dismissed the application to stay proceedings in Suit No. ID/312/88 pending the determiā€¦

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