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DANGOTE INTEGRATED STEEL PLC v. ALHAJI (PA) NASIRU OYENIYI & ORS

(2016) JELR 41540 (CA)

Court of Appeal  •  CA/AK/98/2015  •  29 Apr 2016  •  Nigeria

Coram
MOJEED ADEKUNLE OWOADE JCA; MOHAMMED AMBI-USI DANJUMA JCA; JAMES SHEHU ABIRIYI JCA;

Judgement

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Lead Ruling): This is an application by the Appellant praying for an order staying further proceedings in suit No HOS/154/2013 between the parties herein pending the hearing and determination of the appeal filed by the Appellant/Applicant against the ruling of the lower Court delivered on 11th February, 2014.

The application which is supported by an affidavit is brought upon seven grounds, three of which reproduced immediately hereunder read as follows:

"d) Unless the Court grants a stay of proceedings the Appeal will be rendered nugatory in the event that the Applicant's appeal succeeds.

e) The Applicant's Notice of Appeal raises issues of locus standi, reasonable cause of action which borders on jurisdiction.

g) The lower Court has refused to stay proceedings despite the fact that this appeal has been entered."

The Respondents filed a counter affidavit in opposition.

The Appellant/Applicant filed a further affidavit.

Both parties filed written ad…

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