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LIYANAGE V. SAN

(1998) JELR 79841 (CA)

Court of Appeal  •  22 Jul 1998  •  Nigeria

Coram
EMMANUEL OLAYINKA AYOOLA. J.C.A. (Presided and Lead the Leading Riding), IGNATIUS CHUKWUDI PATS-ACHOLONU. J.C.A., OKWUCHUKWU OPENE. J.C.A.

Appearances
Chief F.R. A. Williams SAN (with him, Mrs. O. M. Ayeni, T. E. Williams and O. O. Delano) - for the Applicant J. K. Balogun - for the 1st Respondent S. O. Ighomuage - for the 2nd and 3rd Respondents

Judgement

AYOOLA, J.C.A. (Delivering the Leading Ruling): There is before us an application by Don Liyanage who described himself as "intervener" but is described in this ruling as "the appellant", for an order for stay of further proceedings in the Federal High Court in a suit between Wong Tui San and anor (''the applicants") and Devon Industries Ltd. and others ("the respondents") to which he is not a party. The appellant sought a stay of proceedings pending the hearing and determination of his appeal from the decision delivered by the Federal High Court on 17th April 1998 upholding a preliminary objection to an application by him to set aside ex parte orders of injunction made in the suit sometime in July 1996 affecting him and other parties.

The applicants by an originating summons initiated proceedings against the two respondents for the determination of certain questions concerning, in the main, the qualification and fitness of Eric Neo Gim Eng and Neo Choon Hian, respectively, second and …

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