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  • Kabo Air Ltd v. Inco Beverages Ltd
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  • 2003-01-06
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Kabo Air Ltd v. Inco Beverages Ltd

KABO AIR LTD.

V

INCO BEVERAGES LTD.

S.M.T.A. FARMS LTD.

SHERRIF, FEDERAL HIGH COURT, LAGOS

THE DEPUTY SHERRIF FEDERAL HIGH COURT, JOS

ALHAJI SIDI MAMMAN ASARAKAWA

ALHAJI DALHATU SIDI MAMMAN

COURT OF APPEAL

( KADUNA DIVISION )

RABIU D. MUHAMMAD, JCA ( Presided and Read the Lead Ruling )

VICTOR ATMEPOMO OYELEYE OMAGE, JCA

JOSEPH JEREMIAH UMOREN, JCA

CA/K/197.M.01

THURSDAY, 29TH NOVEMBER, 2001

ACTION - Originating summons and motion on notice - Difference between -  Commencing two concurrent actions in the same High Court asking for the same relief - Effect thereof - Filing two motions at the same time seeking for the same relief - Inapplicability of the case of Morgan vs. West African Automobile & Engineer Co. Ltd. (1971) NMLR 219 thereto

APPEAL - When incompetent

COURT - Discretion of court - Exercise of in an application for stay of proceedings pending interlocutory appeal - Guiding principles

COURT - Inherent power to preserve the res pending the determination of appeal - Whether possessed by all courts of record

EVIDENCE - Admissibility - Public document - Secondary evidence thereto

-  Type admissible - Whether parties can by consent admit photostat

copy of public document - Section 92(2) (c) (e) and (f) Evidence Act

EVIDENCE - Documentary evidence - Judicial proceedings reduced to form of writing - Oral objection thereto - Whether court will take cognisance of

JUDICIAL PRECEDENT - Morgan vs. West African Automobile &

Engineering Co. Ltd. - Whether applicable to the instant case vis-avis difference between originating summons and motion on notice

PRACTICE AND PROCEDURE - Stay of proceedings - When the court will grant or refuse

Issue:

Whether a grant of stay of execution in the circumstance of this case will finally dispose of the suit.

Facts:

The appellant/applicant herein brought a motion on notice pursuant to sections 16 and 25 of the Court of Appeal Act, 1976 and Order 3 rules 3 and 4 of the Court of Appeal Rules praying for a stay of further proceedings in suit No. FHC/S/CS/11/97 before the Federal High Court, Sokoto pending the hearing and determination of the appeal. The motion was supported by a 55 paragraph affidavit and 11 exhibits.