West African Examinations Council V. The Governing Council of Industrial Training Fund & Another (2008)

LawGlobal-Hub Lead Judgment Report

JIMI OLUKAYODE BADA, J.C.A

This is an Application filed on the 29th day of September 2006 in which the Applicant prayed for the following relief:-

“An order of the Honourable Court staying the execution of the Judgment of the Federal High Court No. 3, Abuja dated 2nd day of March 2006, pending the determination of this Appeal.”

In support of the Application is an affidavit of 24 paragraphs, 6 paragraphs further and better affidavit and another 8 paragraphs further and better affidavit.

The Respondents opposed the Application and relied on 18 paragraphs counter affidavit.

The relevant paragraphs of the affidavits are set out as follows:-

AFFIDAVIT IN SUPPORT

“2 – 23”

“2. That I am a legal practitioner, I am familiar with the facts of this case.

3. That I have the consent and authority of both my employers and the Applicant to depose to this affidavit.

4. That on the 2nd day of March, 2006 the Federal High Court No.3, presided over by Justice B.M.F Nyako (trial court) entered judgment in favour of the Respondents in this suit in the sum of N50,000,000.00 (Fifty Million Naira). A copy of the said Judgment is contained in pages 63-68 of the Record of proceedings of the trial court already before this court.

5. That the Applicant being dissatisfied with the judgment referred to above, have appealed to this Honourable Court.

A copy of the Notice is hereby attached and marked as “Exhibit 4″.

6. That I know as a fact that the grounds of appeal filed by the Applicant raises substantial, arguably and recondite Issues of law to be considered.