Wema Bank Plc V. Mrs. Mosunmola Tonade (2008)

LawGlobal-Hub Lead Judgment Report

HON. JUSTICE REGINA OBIAGELI NWODO, J.C.A.

The Applicant filed a Motion on Notice on 2 November, 2006 brought pursuant to Order 3 Rule 3(1) & (3) of Court of Appeal Rules 2002 and under the inherent jurisdiction of this court seeking for the following orders:

1. AN ORDER of this honourable court Staying Further Proceedings in Suit No. LD/970/99 pending before Hon. Justice Lufadeju of the Lagos High Court pending the hearing and determination of the Appellant/Applicant’s Appeals against the Rulings of the trial court delivered on 15th November, 2005, and 10th March, 2006.

2. AN ORDER of this honourable court consolidating the Notice of Appeal dated 28th November, 2005 and filed the same day with the Notice of Appeal dated 20th March, 2006 and filed the same day.

3. AND FOR SUCH FURTHER or other orders as this honourable court may deep fit to make in the circumstances.

The application is founded on the following grounds:

(a) The Appellant/Applicant has filed valid Notices of Appeal against the Rulings of the trial court delivered on 15th November, 2005 and 10th March, 2006 attached hereto as Exhibits 101 and 102.

(b) Substantial issues of law regarding the admissibility of the oral and documentary evidence struck out by the trial court have been raised in the Grounds of Appeal in both Notices of Appeal.

(c) The issues raised in these Appeals are recondite and arguable.

(d) The striking out of paragraphs 23-27, 31-40 of the Affidavit Evidence of D.W.3 together with Exhibits B09, B, BOW(a) attached thereto as well as paragraphs 7-12 of the Further Affidavit Evidence of DW3 together with Exhibits B014 – BO16 attached thereto is wrongful.

(e) The decision of this honourable court will affect the final outcome of this case before the High Court.

(f) The evidence struck out by the High Court is crucial and material to the case of the Appellant/Applicant and their rejection will incapacitate the Appellant/Applicant from proving its case before the High Court particularly its counterclaim.

(g) If proceedings are not stayed before the trial court pending the determination of the Appeal, the decision of this honourable court will be rendered nugatory.

(h) If proceedings before the trial court are not stayed, gross miscarriage of justice will be occasioned to the Appellant/Applicant.