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Dada vs. International Tanners Ltd.

O. A. DADA ESQ.

T. T. ABBE ESQ.

ABDULKADIR GADZAMA

UNIVERSAL TRUST BANK PLC

A. I. G. ZONE 1, KANO

V

INTERNATIONAL TANNERS LIMITED

COURT OF APPEAL

( KADUNA DIVISION )

M. MOHAMMED OFR JCA (Presided and Read the Lead Ruling)

BABA ALKALI BA’ABA JCA

STANLEY SHENKO ALAGOA JCA

CA/K/98/M/2004

THURSDAY, 17TH FEBRUARY, 2005

APPEAL - Stay of proceedings pending appeal - Application for Discretionary power of court to grant or refuse -  Need for judicial and judicious exercise of

APPEAL - Stay of proceedings pending appeal - Application for General principles guiding court in consideration of

APPEAL - Stay of proceedings pending appeal - Application for - Special or exceptional circumstance that will justify granting - Whether raising issue of jurisdiction in the ground of appeal amounts to

COURT - Discretion to grant or refuse application for stay of proceedings pending appeal - Exercise of - General principle guiding

JURISDICTION - Issue of - Raising same in the ground of appeal Whether amounts to special or exceptional circumstance that will justify granting application for stay of proceedings pending appeal

JURISDICTION - Fundamental nature of - Need to first settle issue of where raised

PRACTICE AND PROCEDURE -  Stay of proceedings pending appeal -  Application for - Discretionary power to grant or refuse - Need for judicial and judicious exercise of

PRACTICE AND PROCEDURE -  Stay of proceedings pending appeal - Application for - General principles guiding court in consideration of

PRACTICE AND PROCEDURE -  Stay of proceedings pending appeal - Application for where final judgment is appealed against Propriety of

PRACTICE AND PROCEDURE -  Stay of proceedings pending appeal - Application for - Special or exceptional circumstance that will justify granting same - Whether raising issue of jurisdiction in the ground of appeal amounts thereto

PRACTICE AND PROCEDURE - Stay of proceedings - Purpose of

PRACTICE AND PROCEDURE -  Stay of proceedings pending appeal -  Application for - Who may apply for

Issue:

Whether the issue of jurisdiction raised in the appellants/applicants’ appeal is genuine to warrant granting of their application for stay of proceedings in suit No. K/925/2003 pending determination of their appeal against the trial court’s ruling delivered on 4th February, 2004.

Facts:

The appellants/applicants, whose appeal is pending before the Court of Appeal, by a motion on notice dated 19th April, 2004 and filed in the Court of Appeal sought for an order staying proceedings in suit No. K/925/ 2003  before the Kano State High Court pending the determination of the appeal against the ruling of the trial court delivered on 4th day of February 2004  in the said suit No. K/ 925/2003.

By the said ruling, the appellants/applicants’ preliminary objection challenging the jurisdiction of the trial court to entertain the suit was dismissed on the ground that there is need for evidence to be heard in order to determine whether or not the lower court’s jurisdiction is ousted by section 251(i)(e) of the 1999 Constitution. After the filing of the notice of appeal, the applicants had applied at the trial court for a stay of proceedings in the substantive matter pending the determination of their appeal but the trial court refused the appellants/applicants’ application, hence the making of this application to the Court of Appeal.

The Court of Appeal took arguments of counsel on the application.