Baale Audu V. Alhaji Sanni Owolabi (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

ITA G. MBABA, J.C.A. (Delivering the Lead Ruling)

Appellant/Applicant filed a Motion on Notice on 6th July 2011 praying for:

“(1) An Order staying further proceedings in Suit No. KWS/OM/12/2002 Between; ALHAJI SANNI OWOLABI V. BAALE AUDU before Kwara State High Court, Omu-Aran Judicial Division, Presided over by Honourable Justice M. Abdul Gafar pending the determination of the appeal by the Appellant/Applicant lodged against the ruling of the said Court delivered on 13th December, 2010.

(2) And for such further Order(s) as this Honourable Court may deem fit to make in the circumstances of this case.”

The Grounds for the application were:

(1) The respondent/applicant filed an application dated and filed on 22nd July, 2010 praying for the setting aside of the proceedings of 22nd March 2010.

(2)The said application was argued on the 15th day of October, 2010 and was granted in part by the court below in her ruling of 13th December, 2010.

(3) The appellant/applicant having been dissatisfied with the unfavourable part of the said ruling, appealed against same to this Honourable Court.

(4) The appellant further brought an application dated and filed on 11th March, 2011 praying for stay of proceeding of the lower Court.

(5)The lower Court refused the application for stay of proceedings in her ruling of 22nd June 2011 hence this application.

(6) If further proceedings in the Court below are not stayed, it will render the appellant’s appeal nugatory.

(7) The appellant/applicant is desirous of expeditious prosecution of this appeal.”

The application was supported by an affidavit of 10 paragraphs (paragraphs 5, 6 and 7 thereof having sub-paragraphs) and 3 exhibits, consisting of Notice of Appeal to this Court, against the Ruling of the Lower Court delivered on 13/12/2010, copy of the said ruling and a letter for adjournment written by Kizito Oji Esq on 4/10/2007 to the Lower Court.

The Respondent, on being served with the Motion, filed a counter affidavit of 33 paragraphs on 2/8/2011, which prompted the Applicant to file a copious Further Affidavit of 41 paragraphs, with annexures, on 27/10/2011, and to which the respondent filed a Reply on 17/11/2011.