First Bank Of Nigeria Plc V. T.S.A. Industries (Nigeria) Limited (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

HELEN MORONKEJI OGUNWUMIJU, J.C.A (Delivering the Lead Ruling)

This is an application dated 4/7/11 filed the same day before this Court in which the Respondent/Applicant is seeking stay of proceedings in this matter pending the hearing and determination of the Respondent/Applicant’s Motion on Notice dated and filed on 5th May, 2011 at the Supreme Court.

In a unanimous judgment delivered in SC/316/2006 on 9th July, 2010 (Applicant’s Exhibit TS/12A), the Supreme Court of Nigeria at page 49 of the judgment issued the following final orders:

(a) The preliminary objection is over-ruled

(b) The appeal succeeds and it is allowed

(c) The appeal is to be remitted back to the Court of Appeal, Lagos to be re-listed and heard before another panel of justices of the Court of Appeal

(d)The order of dismissal of the appeal made on the 26th of September 2005 is set aside

(e) The order in the Ruling of 11/12/06 is set aside

In grounds (10) – (15) in support of this application, the Respondent/Applicant is seeking to stop the Court of Appeal from giving effect to the order of the Supreme Court directing the re-listing and hearing on the merit by this Court of the Appellant’s appeal because:

(10) The Respondent/Applicant filed a Motion on Notice dated 15th July 2010 at the Supreme Court under SC/316/2006 seeking to set aside the said Judgment of the Supreme Court on grounds of jurisdiction.

(11) The said Motion on Notice dated 15th July 2010 was struck out by the Supreme Court on 3rd May, 2011 for non-appearance of Respondent/Applicants counsel.

(12) The Respondent/Applicant has promptly filed another Motion on Notice dated 5th May 2011 at the Supreme Court seeking the Court to set aside its said Judgment in SC/316/2006 on grounds of jurisdiction.

(13) The outcome of the Respondent/Applicant’s Motion on Notice dated 5th May 2011 pending at the Supreme Court will have a great impact on this appeal.

(14) The respondent/Applicant has a right to be heard at the Supreme Court in respect of its Motion on Notice dated 5th May, 2011.