Guffanti (Nigeria) Plc V. Pidrella Instalt – Vaduz & Ors (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

M. A. DANJUMA, J.C.A. (Delivering the Lead Ruling): This is a Ruling in respect of an application for stay of execution of a Ruling made by Hon. Justice ADEYINKA, J, of the Ikeja Division of the Lagos State High Court on the 25th day of May, 2000 pending the determination of the appeal against that Ruling by the Defendant/Appellant Applicant herein.

The Motion for stay of execution by the Applicant/Appellant was filed on 20/5/11 and is herein reproduced together with the supporting affidavit thereto thus:-

‘TAKE NOTICE that this Honourable Court will be moved on the ………….day of …………2011 at the hour of 9 o’clock in the forenoon or so soon thereafter as Counsel for the Defendant/Appellant/Applicant can be heard on an application:

1. For an Order staying execution of the Orders made pursuant to the Ruling given in the above mentioned Suit by the Honorable Justice Adeyinka sitting at the Ikeja Division of the Lagos State High Court on the 25th day of May, 2000 pending the determination of the Appeal by the Defendant/Appellant/Applicant against the said Ruling; and
2. For such further or other Orders as this Honorable Court may deem fit to make in the circumstances.

AFFIDAVIT IN SUPPORT

I, SOLA ODEYINKA, Male, Nigerian, Christian of 284 Murtala Mohammed Way, Alagomeji, Yaba, Lagos hereby make oath and state as follows:

1. That I am a Litigation Clerk in the Chambers of Prof. A. B. Kasunmu SAN, now acting for the Applicant in respect of the present Appeal.
2. That Pro. A. B. Kasunmu SAN is acting in conjunction with Dr. F. A. Ajayi SAN who was former Counsel and I have been taking instructions from both of them in respect of this matter.
3. That I have the authority of the Applicant to depose to this Affidavit.
4. That the matters hereinafter deposed to are, unless otherwise stated, based on the information given to me by Dr. F. A. Ajayi SAN which facts I verily believe to be true.
5. That I am informed by Dr. F. A. Ajayi SAN, Counsel formerly acting for the Applicant, on Thursday the 19th of May, 2011 in his office at 5th Floor, Western House, 8/10 Broad Street, Lagos of the following facts.
6. That on the 25th of May, 2000 Justice Adeyinka of the Lagos State High Court entered an Interlocutory Judgment against the Applicant in the sum of N157 Million with interest.
7. That being dissatisfied with the said judgment, the Applicant appealed against the said judgment by a Notice of Appeal dated the 14th of July, 2000 and filed on the same day.
8. That the Applicant later filed an Application for Stay of Execution before the trial Judge which Application was refused.
9. That by a motion dated the 16th of March, 2001, the Applicant applied to this Honorable Court for Stay of Execution of the judgment of the trial Court which Application was heard and granted by this Honorable Court in a ruling of the 10th of July, 2002.
10. Now shown to me and marked as Exhibits are the following:-

(a) Motion for Stay of Execution at the Court of Appeal dated the 16th of March, 2001 – Exhibit “A”

(b) Affidavit of Julius Olaseinde Agbana dated the 16th of March, 2001 in support of the Motion – Exhibit “B”

(c) Notice of Appeal dated the 14th of July, 2000 – Exhibit “C”

(d)The Appellant’s Further and better Affidavit dated the 8th of June, 2001- – Exhibit “D”

(e) Ruling of the High Court of Lagos of 25th May, 2000 refusing the Application for Stay of Execution – – Exhibit “E’

(f) Ruling of the Court of Appeal dated the 10th of July, 2002 granting Stay of Execution against the High Court judgment – – Exhibit “F”

11. That this Court on the 25th of February, 2009 dismissed the Applicant’s appeal for want of diligent prosecution and also discharged the Order of Stay of Execution made in his favour.
12. That consequent upon an Application filed on behalf of the Applicant on the 25th of February, 2009, this Honorable Court in a ruling delivered on the 18th of May, 2011, restored the Applicant’s appeal on the list but refused to reinstate the Order granting Stay of Execution stating that the Application for the Stay of Execution has to be represented by the Applicant to the Court. Now shown to me and marked as – Exhibit “G” is a copy of the ruling of the Court of Appeal made on the 18th of May, 2011.

The objection of the 1st Respondent is also reproduced thus:-

TAKE NOTICE that this Honourable Court will be moved on………….. the ………..day of … …………2011, at 9 o’clock in the forenoon or so soon thereafter, as the 1st Respondent/Applicant having filed this Notice of Objection, shall be heard objecting to the hearing of the Appellant/Respondent’s Motion on Notice for an order of stay of execution dated 20/5/2011, on the grounds contained in the Notice of Objection as stated hereunder to wit;

GROUND OF OBJECTION