ABOKI JCA (Delivering the Lead Judgment): This is an appeal from the decision of the High Court of the FederalCapital TerritoryAbuja, delivered by I. U. Bello J. on 27 May 2003. The respondent who was the plaintiff at the trial court took out a writ of summons dated 3 August 1999 and filed along with it a statement of claim.
The matter was before A. A. Kolajo, J. and several applications filed by the defendants/appellants in the matter were heard and refused.
A.A.Kolajo J retired before the matter was finally determined and so it was reassigned to I.U. Bello J. who on 30 September 2001 heard both parties argue a motion for stay of proceedings which he granted pending appeal.
Thedefendants/appellants alleged that the plaintiff/respondent without any notice to the defendants/appellants moved the court to discharge the order of stay of proceedings earlier granted by the same court and the appellants were served with notice of motion for judgment earlier filed by the respondent. The defend…