The Registered Trustees Of Peoples Club Of Nigeria V. The Registered Trustees Of Ansar-u-deen Of Nigeria & Ors. (2012)

LawGlobal-Hub Lead Judgment Report – COURT OF APPEAL

I.M.M. SAULAWA, J.C.A, (Delivering the Lead Ruling)

The instant application was filed by the Appellant on July 12, 2010. By the application in question, the Appellant has sought the following sole relief:

“… an order staying further proceedings in suit No. LD/4740/94 pending before the Lagos State High Court pending the determination of the Appellant’s Appeal to the Court of Appeal…”

The application was supported by a 48 paragraphed affidavit, deposed to on 12/7/10 by one Ngozi Rita Okoli, a legal practitioner in the firm of Messrs G.O.K. Ajayi & Co, the Applicant’s solicitors. Annexed to the affidavit were copies of various exhibits, viz:

(i) Exhibit NR01 – regarding the ruling delivered on 25/6/10 by the Hon. Justice T. Ojikutu – Oshode in

Suit No. LD/4749/1994 between the parties herein.

(ii) Exhibit NR02 – regarding the motion dated 01/12/09 but filed on 08/12/09 in the lower court by the Applicant’s counsel.

(iii) Exhibit NR03 – regarding the Notice of Appeal dated and filed on 25/11/09 in the lower court by the Applicant’s counsel.

FACTS AND CIRCUMSTANCES SURROUNDING THE APPLICATION:

The genesis of the application is traceable to December 16, 1998. That was the date on which the Applicant filed an amended writ of summons in the court below, seeking various declaratory and injunctive reliefs against the Respondents. The parties having filed the respective pleadings thereof, the case eventually proceeded to trial. However, on 18/11/09, when the case later came up for continuation of hearing, Mrs. W.A. Ogude of Claimant’s counsel made a submission to the effect thus:

Mrs. Ogude: Chief G.O.K. Ajayi who is personally seized of this matter was due for an eye operation at 10 am yesterday morning, But the operation could not proceed because of personal reasons. Therefore he is not in a position to go on with the proceedings today. Our 1st witness Chief Okoye Eze, who is due for Re-examination this morning, has been relocated finally to the East by his family for health reasons. Since his health has not improved, his intent to try traditional medicine. We have also written to Honourable Chief Judge in June, 2009 for transfer. We respectfully seek an adjournment to call our other witnesses.

Not unexpectedly, Mrs. Ogude’s oral application for adjournment was vehemently objected to by Alhaji Femi Okunnu, SAN (the 1st Respondent’s counsel) on the grounds, inter alia, that-‘

Learned Friend Mrs. Ogude has been present on every occasion before the court in this matter as Chief Ajayi’s junior on occasions she had conducted the trial on behalf of the Claimants, She is before the court this morning with three other juniors. Certainly she can continue the trial on behalf of the Claimants.

Consequently, the lower court, in exercising the discretion thereof, ruled thus: