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  • Young Shall Grow Motor Ltd v. Afolabi
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  • 2002-12-30
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Young Shall Grow Motor Ltd v. Afolabi

THE YOUNG SHALL GROW MOTOR LTD.

FERDINAND ANORO

V

ALHAJA KAFILAT AFOLABI

COURT OF APPEAL

( LAGOS DIVISION )

SULEIMAN GALADIMA, JCA ( Presided )

PIUS OLAYIWOLA ADEREMI, JCA

AMIRU SANUSI, JCA ( Read the Lead Ruling )

CA/L/197/2000

MONDAY, 17TH JUNE, 2002

COURT - Stay of proceedings - Application for - Duty of Court of Appeal in respect of  - Whether the Court of Appeal can decide upon merits or otherwise of the proposed ground of appeal

COURT - Stay of proceedings - Special circumstances before grant of same - Reasons for court’s insistence thereon

JURISDICTION - Issue of - When can be raised - Whether enough to grant stay of proceedings

LEGAL PRACTITIONER - Mistake of counsel - Impropriety of visiting on parties

PRACTICE AND PROCEDURE - Extension of time - Application for  Duty of applicant in respect of

PRACTICE AND PROCEDURE - Mistake of counsel - Impropriety of visiting on parties

PRACTICE AND PROCEDURE - Stay of proceedings - Application for Duty of applicant in respect of

PRACTICE AND PROCEDURE - Stay of proceedings - Application for Duty of Court of Appeal in respect of - Whether the Court of Appeal can decide upon merits or otherwise of the proposed ground of appeal

PRACTICE AND PROCEDURE - Stay of proceedings - Duty of applicant in respect of application for - Exercise of discretion by court to grant same - Guiding principle

PRACTICE AND PROCEDURE - Stay of proceedings - Grant of - Issue of jurisdiction  - Whether enough reasons to grant stay of proceedings

PRACTICE AND PROCEDURE - Stay of proceedings - Special circumstances - Meaning of

PRACTICE AND PROCEDURE - Stay of proceedings - Special circumstances before grant of same - Reasons for court insistence thereon

WORDS AND PHRASES - Special circumstances - Meaning of

Issues:

1.            Whether the applicant has disclosed special circumstances to warrant a grant of stay of proceedings by the Court of Appeal.

2.            Whether refusal to grant the applicants’ prayers will render the appeal nugatory or whether the respondent will be prejudiced if the orders are granted.

Facts:

Following the ruling of the trial court in the suit No. LD/1172/97, the appellant, being dissatisfied, appealed to the Court of Appeal against same. The appellant’s application for stay of proceedings pending the determination of the appeal was refused by the trial court. Consequently, he filed an application to the Court of Appeal for an order of extension of time within which to apply for stay of further proceedings and an order of the Court of Appeal staying further proceedings in the suit.