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BAALE AUDU V. ALHAJI SANNI OWOLABI

(2012) JELR 35161 (CA)

Court of Appeal  •  CA/IL/M.43/2011  •  27 Feb 2012  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; ITA GEORGE MBABA JCA; OBANDE F. OGBUINYA JCA;

Judgement

ITA G. MBABA, J.C.A. (Delivering the Lead Ruling): Appellant/Applicant filed a Motion on Notice on 6th July 2011 praying for:

"(1) An Order staying further proceedings in Suit No. KWS/OM/12/2002 Between; ALHAJI SANNI OWOLABI V. BAALE AUDU before Kwara State High Court, Omu-Aran Judicial Division, Presided over by Honourable Justice M. Abdul Gafar pending the determination of the appeal by the Appellant/Applicant lodged against the ruling of the said Court delivered on 13th December, 2010.

(2) And for such further Order(s) as this Honourable Court may deem fit to make in the circumstances of this case."

The Grounds for the application were:

(1) The respondent/applicant filed an application dated and filed on 22nd July, 2010 praying for the setting aside of the proceedings of 22nd March 2010.

(2)The said application was argued on the 15th day of October, 2010 and was granted in part by the court below in her ruling of 13th December, 2010.

(3) The appellant/applicant having been dissatis…

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