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  • 2002-09-16
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Governor, Oyo State v. Akinyemi

GOVERNOR OF OYO STATE

ATTORNEY-GENERAL OF OYO STATE

V

CHIEF AKIN AKINYEMI

( Trading under the name and style of Akinyemi and Associates )

COURT OF APPEAL

( IBADAN DIVISION )

MORONKEJI OMOTAYO ONALAJA, JCA ( Presided )

FRANCIS FEDODE TABAI, JCA

OLUFUNLOLA OYELOLA ADEKEYE, JCA ( Read the Lead Ruling )

CA/I/12/2000

WEDNESDAY, 6TH MARCH, 2002

ARBITRATION - Matter which parties have agreed to refer to arbitration  Instituting action without first referring same to arbitration Whether court is competent to entertain same

COURT - Arbitration - Matter which parties had agreed to refer to arbitration - Instituting action without first referring same to arbitration - Whether court is competent to entertain same

COURT - Res - Preservation of - Duty of court in respect thereof

GARNISHEE PROCEEDING - Order made thereon - Validity of until set aside

GARNISHEE PROCEEDING - Service of an order nisi on garnishee -

Duty thereon upon such service

GARNISHEE PROCEEDING - When arises

JUDGMENT AND ORDERS - Garnishee proceeding - Order made thereon -  Validity of until set aside

JUDGMENT AND ORDERS - Interlocutory order – Act which has already been done - Whether interlocutory order a proper remedy therefor

JUDICIARY - Judicial power - Exercise of - Importance of jurisdiction thereto

JURISDICTION - Issue of - When can be raised - Duty to raise timeously

JURISDICTION - Judicial power - Exercise of - Importance of jurisdiction thereto

PRACTICE AND PROCEDURE - Garnishee proceeding - When arises

PRACTICE AND PROCEDURE - Garnishee proceeding - Where service of an order nisi is served on garnishee - Duty thereon

PRACTICE AND PROCEDURE - Interlocutory order – Act which has already been done - Whether interlocutory order is a proper remedy for

PRACTICE AND PROCEDURE - Stay of execution - Application for Nature and essence of

PRACTICE AND PROCEDURE - Stay of execution - Application for Respective duties of court and applicant in respect thereof

PRACTICE AND PROCEDURE - Stay of execution - Conditional stay When may be granted

PRACTICE AND PROCEDURE - Stay of execution - Judgment involving money - Terms for granting stay in respect of

PRACTICE AND PROCEDURE - Stay of execution - Res - Duty of court to preserve

Issues:

1.            Whether the issue of jurisdiction in the grounds of appeal can qualify as special and exceptional circumstance on which the Court of Appeal can exercise  its discretion to grant a stay of execution.

2.            Whether the Court of Appeal can grant a stay of execution in respect of an execution which had already been carried out.

Facts:

By a writ of summons commenced under the undefended list procedure, the plaintiff/respondent got judgment against the defendants. On appeal to the Court of Appeal, the Court of Appeal entered judgment in favour of the plaintiff/respondent.

The defendants/appellants appealed to the Supreme Court against the said judgment and also filed an application for a stay of execution of the judgment. In the affidavit in support of the application, the defendants/ appellants/applicants raised the issue of jurisdiction.