ACCESS BANK v. MR. A.N.C. ONWULIRI
May 28, 2021ADEKUNLE AJIBODE & ORS v. DAUDA GBADAMOSI & ORS
May 28, 2021BAMS INVESTMENT LTD VS ALHAJI BUKAR KOLO & ANOR
(2021) Legalpedia (CA) 35011
In the Court of Appeal
HOLDEN AT GOMBE
Sunday, January 17, 2021
Suite Number: CA/G/203/2018
CORAM
JUMMAI HANNATU SANKEY
TUNDE O. AWOTOYE
EBIOWEI TOBI
BAMS INVESTMENT LTD || ALHAJI BUKAR KOLO & ANOR
AREA(S) OF LAW
APPEAL
JURISDICTION
PRACTICE AND PROCEDURE
SUMMARY OF FACTS
The Applicant filed a motion on notice seeking for an order staying further proceedings in this appeal on grounds that there is a pending the determination of the appeal before the Supreme Court against the decision of this Court. The Applicant raise an issue of jurisdiction, which serves as a special circumstance and contended that if this Appeal is determined before the hearing of the Appeal at the Supreme Court, the res would be destroyed. The Respondent in opposing the application contended that the issue of jurisdiction is not in contest that the Appeal before the Supreme Court does not stand a chance of success hence the application should be dismissed.
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HELD
Application Granted
ISSUES FOR DETERMINATION
Nil
RATIONES
ISSUE OF JURISDICTION – IMPLICATION OF RAISING AN ISSUE OF JURISDICTION ON APPEAL
“Thus, the law is trite and settled that where the issue of jurisdiction is raised on appeal, it serves as a good ground to stay further proceedings of the Court below. See Olunloyo vs. Adedayo ademiran (2001) 14 NWLR Pt. 734) 699”.
STATUTES REFERRED TO
Nil|
COUNSEL
S. Y. Tsok Esq. appears for Appellant.|M. B. Usman Esq. appears with Mahmud Usman Esq. for 1st Respondent/Applicant.|Auwal Idris Esq. holds the brief of Y. G. Bello Esq. for 2nd Respondent.|
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