J. O. OJOSIPE V. JOHN DADA IKABALA & ORS

G. B. A. COKER, J.S.C. (Delivering the Leading Ruling): This ruling concerns an application for:

"(i) An order granting leave to appeal to the Supreme Court from the order of the High Court of Lagos made on Monday, 21st February, 1972 in Suit No. LD/967/71 by the Hon. Mr Justice Lambo notwithstanding that a first application for leave to appeal has not been made to the High Court;

(ii) An order staying all further proceedings in the said Suit No. LD/967/71 pending the determination of the appeal; and

(iii) Such further and or other order or orders as may seem fit in the circumstances. "

The application was argued extensively before us by learned counsel on both sides of the bar and we think that counsel deserve our appreciation of the very painstaking way in which they had discharged their duties. We point out, however, that standing on the threshold of the enquiry is the question of procedural competence, the question whether in the circumstances and considering the nature of the …