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HIS ROYAL HIGHNESS, (ALHAJI (DR.) ADO BAYERO), THE EMIR OF KANO & ORS V. ALHAJI AMINU BABBA DAN AGUNDI (SARKIN DAWAKI MAI TUTA) & ORS

(2005) JELR 49011 (CA)

Court of Appeal  •  CA/K/7/M/2005  •  18 Jul 2005  •  Nigeria

Coram
BABA ALKALI BA'ABA JCA; ABUBAKAR ABDULKADIR JEGA JCA; KUDIRAT MOTONMORI OLATOKUNBO KEKERE-EKUN JCA;

Judgement

BA'ABA, JCA (Delivering the Lead Ruling): By a motion on notice dated 25/4/05 filed in this court same day, brought pursuant to the provisions of Order 1 rule 19, Order 3 rule 3(1) (3), Order 3 rule (4) of the Court of Appeal Rules, 2002 and section 18 of the Court of Appeal Act, the appellants/applicants whose appeal is pending in this court sought for the following orders:

"(i) Extending the time within which the application for stay of proceedings in suit No.K/85/2004, now pending before the Kano High Court of Justice No.2 presided over by Hon. Justice Saka Yusuf, can be brought before this Honourable Court, the Kano High Court having refused the application for stay of proceedings in its ruling dated, 20th day of December, 2004.

(ii) Staying further proceedings in suit No.K/85/2004, now pending before the Kano High Court of Justice No.2 presided over by Hon. Justice Saka Yusuf, pending the hearing and determination by this Honourable court, of the appeal already filed by defendant…

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