EGBE NKANU V THE STATE
August 1, 2025VALENTINE ADIE VS THE STATE
August 1, 2025CHIEF IMAM YESHUA POPOOLA OYESHILE SHODEINDE AND OTHERS V THE REGISTERED TRUSTEES OF THE AHMADIYYA MOVEMENT-IN-ISLAM
Legalpedia Citation: (1980) Legalpedia (SC) 53384
In the Supreme Court of Nigeria
Fri Feb 15, 1980
Suit Number: SC. 11/1977
CORAM
GEORGE S. SOWEMIMO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANDREWS OTUTU OBASEKI, JUSTICE, SUPREME COURT
ANTHONY ANIAGOLU, JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
CHIEF IMAM YESHUA POPOOLA OYESHILE SHODEINDE AND OTHERS APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The appellants appealed against the decision of the High Court and filed an application for injunction pending appeal at the court of appeal.
HELD
The court dismissed the appeal and affirmed the decision of the court of appeal dismissing the application on the ground that the application ought to have been made at the High Court.
ISSUES
Whether, generally, the High Court has jurisdiction to stay proceedings in respect of its decision under appeal (a) where by the said decision it has dismissed a claim before it “absolutely”; and (b) if so, whether in any event it can exercise such jurisdiction after the order has been drawn up and enrolled?Whether the High Court has jurisdiction to stay proceedings, under its judgment on appeal upon application by parties to the proceedings (and, in particular, by an unsuccessful plaintiff) for “injunction to restrain an act under the decision on appeal pending the determination of the said appeal
RATIONES DECIDENDI
JURISDICTION OF THE HIGH COURT TO HEAR APPLICATION FOR STAY OF PROCEEDINGS, EXECUTION AND INJUNCTION PENDING APPEAL
the High Court does not lose its jurisdiction to entertain applications for stay of proceedings or actions under its judgments orders or decisions under appeal to the Court of Appeal because by the said order, decision or judgment it had dismissed the claim before it “absolutely” (i.e. without reservation); and it makes no difference (1) that the applicant, in the circumstances, is the plaintiff who lost his claim or (2) that his application is couched in the form of request for an order of injunction and (3), in any event, that the decision order or judgment in question (i. e. on appeal) has been drawn up and entered- Idigbe J.S.C
CASES CITED
Andler v. Duke (1932) 3 .DLR 210 at p.218Shittu Ogunremi v Dada (1962) 1 All NLR 663Polini v. Gray (1879) 12 Ch.D 438
STATUTES REFERRED TO
NONE
