BAMS 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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Esther ORIAH