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MR. TOYIN ABDULKAREEM v. ALFA BURAIMOH AYINLA

(2011) JELR 91466 (CA)

Court of Appeal  •  CA/IL/M.69/2010  •  3 Jun 2011  •  Nigeria

Coram
TIJJANI ABDULLAHI JCA; IGNATIUS IGWE AGUBE JCA; CHIMA CENTUS NWEZE JCA;

Judgement

 

TIJJANI ABDULLAHI, J.C.A. (Delivering the Leading Judgment): The application dated 1st day of July, 2010 but filed on the 10th August, 2010 by the Appellant/Applicant is by way of motion on Notice to the Respondent praying for an Order of this Court staying further proceeding in a case pending before the High Court of Kwara State, Omu-Aran Judicial Division pending the determination of the Applicant's appeal dated and filed 1st July 2010 before this Court.

The grounds upon which the application is predicated are:

1. The Applicant being dissatisfied appealed against the ruling of the High Court of Kwara State sitting at Omu-Aran presided over by Hon. Justice M. Abdul Gafar delivered on the 18th June, 2010 via a Notice of appeal dated 1st July, 2010.

2. The Appellant/Applicant in the lower Court sought to call a subpoened witness on the order and command of the Court itself and same was eventually refused on the objection of the claimant counsel.

3. The Appellant/Applicant thereafter app…

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