Igwe N. A. U. Achebe V. Chief A. C. I. Mbanefo & Anor. (2007)

LawGlobal-Hub Lead Judgment Report

BADA, J.C.A.

By an application dated the 16th day of June 2006 which was filed on the 19th day of June 2006, the 1st defendant/appellant/applicant prayed for the following relief:

“An order staying the execution of the ruling or suspending the operation/legal effect of the order of interlocutory injunction delivered on the 12/4/2006 by Honourable Justice J.C. Nwadi sitting in court No.4, High Court, Onitsha, Anambra State, Nigeria in suit No. 0/109/2005 Chief A.C.E. Mbanefo v. Igwe N.A.U. Achebe & Another, pending the hearing and determination of:

(i) The motion for stay of proceedings filed in this court on the 15/3/2006

Or Alternatively

(ii) The appeal dated 25th day of April 2006 and filed at the lower court on the same day which was received at the Court of Appeal on the 16th day of June 2006.”

The grounds for the relief sought are as follows:

(i) Following a ruling in suit No.O/109/2005 on the 21/7/2005 by Honourable Justice Nwadi the 1st defendant appealed against same by a notice of appeal dated 28/07/2005 and filed on 29/07/2005.

(ii) A motion for stay of proceedings pending the result of the appeal was duly filed on 16/02/06 in the lower court dated 14/2/06.

(iii) On the 8/3/2006 the court dismissed the said motion for stay of proceedings.

(iv) A motion for stay of proceedings was filed in the Court of Appeal on the 17/3/2006 and was pending (to the knowledge of Hon. Justice J.C. Nwadi) when he proceeded to hear the plaintiff’s interlocutory injunction motion.

(v) The court granted plaintiff’s interlocutory injunction on the 12/04/2006.

(vi) Hon Justice J. C. Nwadi in the conduct of suit No. 0/109/2005 aforesaid has not only shown little or no regard for process pending before the Court of Appeal but disregarded Rules of Court and Practice.

In support of the application is an affidavit of 19 paragraphs.