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MRS F.M. SARAKI & ANOR. V. N.A.B. KOTOYE

(1992) JELR 49052 (SC)

Supreme Court  •  SC.250/1991  •  4 Dec 1992  •  Nigeria

Coram
ADOLPHUS GODWIN KARIBI-WHYTE JSC; ABUBAKAR BASHIR WALI JSC; UCHE OMO JSC; IDRIS LEGBO KUTIGI JSC; MICHAEL EKUNDAYO OGUNDARE JSC; EMMANUEL OBIOMA OGWUEGBU JSC; SHEHU USMAN MOHAMMED JSC;

Judgement

A. G. KARIBI-WHYTE, JSC (Delivering the Leading Ruling): The main issue in this appeal is straightforward. It is whether the Court of Appeal was right in dismissing the preliminary objection raised by the plaintiffs against the application for stay of proceedings in the High Court brought by the defendant. Defendant having appealed against the rejection by the learned trial Judge of evidence sought to be tendered, and having also rejected an application for stay of proceedings, applied to the Court of Appeal seeking the same relief.

The arguments can only be better understood and appreciated after the facts have been clearly stated and the issues put in their proper perspective.

The Facts:

This appeal has its origin in the two consolidated suits between the parties. These are LD/845/87 and LD/938/87. The 1st plaintiff is not a party to the action in LD/938/87. The defendant is the same in both suits. The declarations sought in both suits are for the shares standing in the name of theā€¦

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