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The Honda Place Ltd v. Globe Motors Holdings Ltd

THE HONDA PLACE LIMITED

V

GLOBE MOTORS HOLDINGS LIMITED

COURT OF APPEAL

( LAGOS DIVISION )

G. ADESOLA OGUNTADE, JCA ( Presided and Read the Lead Ruling )

SULEIMAN GALADIMA, JCA

PIUS OLAYIWOLA ADEREMI, JCA

CA/L/164/99

THURSDAY, 7TH JULY, 2001

ACTION - Res of an action - Need to preserve

COURT - Trial court - Duty on to protect the res in dispute during pendency of an appeal

NOTABLE PRONOUNCEMENT - On wisdom in hierachichal system of courts to check fallibility

PRACTICE AND PROCEDURE -Stay of proceedings - Purpose and essence of with regard to preserving res of an action

Issue:

Whether the res of the appeal will not be destroyed if a stay of proceeding is not granted.

Facts:

The applicant herein as the defendant at the trial court raised a plea of estoppel per res judicata by a motion against the claim of the plaintiff. The trial court overruled the objection. The applicant appealed to the Court of Appeal. The Court of Appeal dismissed the appeal. Dissatisfied, the applicant appealed to the Supreme Court. The applicant now brings this application for an order staying further proceedings in the suit at the lower court pending the determination of the appeal to the Supreme Court.