Dangote Integrated Steel PLC V. Alhaji (Pa) Nasiru Oyeniyi & Ors (2014)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

JAMES SHEHU ABIRIYI, J.C.A. (Delivering the Lead Ruling)

This is an application by the Appellant praying for an order staying further proceedings in suit No HOS/154/2013 between the parties herein pending the hearing and determination of the appeal filed by the Appellant/Applicant against the ruling of the lower Court delivered on 11th February, 2014.

The application which is supported by an affidavit is brought upon seven grounds, three of which reproduced immediately hereunder read as follows:

“d) Unless the Court grants a stay of proceedings the Appeal will be rendered nugatory in the event that the Applicant’s appeal succeeds.

e) The Applicant’s Notice of Appeal raises issues of locus standi, reasonable cause of action which borders on jurisdiction.

g) The lower Court has refused to stay proceedings despite the fact that this appeal has been entered.”

The Respondents filed a counter affidavit in opposition.

The Appellant/Applicant filed a further affidavit.

Both parties filed written addresses.

The appeal pending before this Court is against the ruling of the lower Court dismissing the

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preliminary objection of the Appellant/Applicant to the competence of the suit before it.

The suit which was commenced by originating summons is for the determination of the following questions:

1. Having regard to the clear provisions of Section 44 of the 1999 Constitution of the Federal Republic of Nigeria (as amended in 2011). Article 14 of the African Charter on Human and Peoples Right, Sections 28 and 51 of the Land Use Act (1978) CL5, Laws of the Federation of Nigeria, and Courts’ decisions in AJAO V. SOLE ADMINISTRATOR OF IBADAN CITY COUNCIL LTD (1971) NMLR 74, AJAO V. IKOLABA (1972) 5 SC PG 58, GOLDMARK NIG. LTD & 3 ORS V. IBAFON COMPANY LTD & 4 ORS (2013), All FWLR (Pt. 663) Pg. 830 whether the acquisition of Plaintiffs’ land measuring approximately 50.115 hectares lying and situate off Osogbo/Ikirun Road, Ota-Efun, Osogbo and particularly describe (sic) in Oyo State Gazette published on the 12th Day of November, 1981 in Vol.6, No. 45, Oyo State Notice No. 312 at page 444 to 445 AND all that (sic) pieces of land lying and situate at Dagbolu and bounded as follow: In Front; Osogbo Ikirun Road/Atman Publishers Company and Nigerian

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