IBRAHIM TANKO MUHAMMAD, J.S.C. (Delivering the Leading Judgment): The appellant, herein, was the respondent/plaintiff at the Court of Appeal, Abuja (Court below) and the High Court of the Federal Capital Territory, Abuja (the trial Court), respectively. The respondents, herein were the appellants at the Court below and defendants at the trial Court. The plaintiff took out a writ of summons dated 3rd August, 1999 and filed along with it a statement of claim.
The matter was before Kolajo, J. and several applications filed by the respondents/defendants in the matter were heard and refused. Kolajo, J. retired before the matter was finally determined and it was consequently re-assigned to I. U. Bello, J. (as he then was). On the 30th of September, 2001, Bello, J. took a motion for stay of proceedings which he granted pending appeal.
The respondents alleged that the appellant, without any notice to them, moved the trial Court to discharge the order of stay of proceedings earlier granted by th…