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MOBIL OIL NIGERIA PLC. v. KENA ENERGY INTERNATIONAL LIMITED

(2003) JELR 44908 (CA)

Court of Appeal  •  CA/C/18M/2003  •  28 Jul 2003  •  Nigeria

Coram
OKWUCHUKWU OPENE JCA; SIMEON OSUJI EKPE JCA; ISTIFANUS THOMAS JCA;

Judgement

ISTIFANUS THOMAS, JCA (Delivering the Leading Ruling): The applicant is praying for a stay of proceedings of the lower court. The application is on notice brought under Order 3 rule 3 (1) (3) of the Court of Appeal Rules and sections 16 and 18 of the Court of Appeal Act, Cap. 75 respectively. It is supported by a 24 paragraph affidavit and a further and better-affidavit of 5 paragraphs, both sworn to by one Mike Inyang, Esq; a counsel in the Chambers of learned Senior Advocate for the applicant. The applicant is relying on their affidavits.

In arguing the motion, learned Senior Advocate submitted that to succeed in an application for stay of proceedings, applicant must not only show but exhibit the notice of appeal to show that there is infact, a valid appeal as the applicant has done. In support of this proposition. case of Caribbean Trading and Fidelity Corp. v. N.N.P.C. and Anor. (1991) 6 NWLR (Pt. 197) 352, 361-2) was referred to.

Learned Counsel further submitted that in additio…

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