HUSSEIN MUKHTAR, JCA: (Delivering the Lead Ruling): The appellant/applicant has, by a motion on notice dated 16th May, 2005 and filed on 28th May, 2005 pursuant to Order 3 rule 3(4) and sections 16 and 18 of the Court of Appeal Rules and Act, 2002 respectively.
Sought for an order for stay of proceedings in suit No. FHC/L/CS/1344/2003 before the Federal High Court Lagos pending the determination of the appeal against the ruling of the lower court delivered on the 28th July, 2004. The application is supported by an affidavit of 17 paragraphs dated 18th May, 2005, a further affidavit dated and filed 25th January, 2006 of 6 paragraphs and a second further affidavit of 5 paragraphs dated and filed on 8th June, 2006 on which the applicant relied.
The brief facts of the case as can be gathered from the record are that the plaintiffs/respondents are allegedly amongst several claimants claiming to have been adversely affected by the oil spill incident that occurred on the 12th January, 1998 f…