COMEX LIMITED V. NIGERIA ARAB BANK LIMITED

M. E. OGUNDARE, J.S.C. (Delivering the Leading Judgment): This appeal is against an interlocutory decision of the Court of Appeal granting to the respondent an unconditional stay of execution of the judgment of the High Court of Lagos State delivered on 16th May, 1995. The plaintiff who is the appellant before us had sued the defendant (now the respondent) claiming various declarations, an order directing the return of the title deed, N12 million damages and interest on the damages claimed. Pleadings were ordered, filed and exchanged. At the trial before Akande, J. the plaintiff led evidence and closed its case. In the course of the evidence of the 1st witness for the defence, defence counsel sought to tender a document. On the objection of plaintiff's counsel, the document was rejected by the trial court. At that stage defence counsel intimated that he was appealing against the court's ruling rejecting the document in evidence and applied that further proceedings be stayed. The trial…