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MR. OLUMIDE BRAITHWAITE & ORS v. ALHAJI BASHIR DALHATU

(2016) JELR 37004 (SC)

Supreme Court  •  SC.36/2004  •  22 Apr 2016  •  Nigeria

Coram
IBRAHIM TANKO MUHAMMAD JSC; MARY UKAEGO PETER-ODILI JSC; KUMAI BAYANG AKA'AHS JSC; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JSC; JOHN INYANG OKORO JSC;

Judgement

KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN, J.S.C. (Delivering the Leading Judgment): This is an appeal against the ruling of Court of Appeal, Lagos Division, delivered on 18/11/2002 which granted the respondent's application for extension of time to seek leave to appeal, leave to appeal and extension of time to appeal against the ruling of the High Court of Lagos State sitting at Lagos, delivered on 15/9/2000, commonly referred to as the trinity prayers. The application included a prayer for stay of execution. The 1st Appellant (then 1st respondent) had filed a notice of preliminary objection to the application on the following grounds:

1. That the application for stay of execution is incompetent not having been first made and determined by the trial Court.

2. That the application is an abuse of process because:

a) The Court had considered and struck out a similar application.

b) The proposed grounds of appeal are as incompetent as those struck out on 11/6/2001.

3. The proposed grounds of a…

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