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MUHAMMAD, JCA (Delivering the Lead Ruling): The appellant/applicant brought a motion on notice pursuant to sections 16 and 25 of the Court of Appeal Act 1976 and Order 3 rules 3 and 4 of the Court of Appeal Rules praying for an order:-
“Staying further proceedings in suit No. FHC/S/CS/II/97 pending before the Federal High Court, Sokoto, presided over by Hon. Justice D. A. Adeniji pending the hearing and determination of the appeal.”
The motion is supported by a 55 paragraph affidavit. Attached to the supporting affidavit are 11 exhibits. In arguing the motion, Mr. Ayodele, learned Senior Advocate submitted that he was relying on all the paragraphs of the affidavit in support especially paragraphs 13 - 20 and paragraphs 45 - 55. He stated that out of the four sets of parties in the suit only one party had concluded its evidence. He then referred to the grounds of appeal filed and submitted that all the six grounds of appeal raise the issue of jurisdiction. He further referred to Order…