GIPSREL INTER. CO. NIG. LTD. v HENRY O. EYA & ANOR

CORAM

PARTIES

GIPSREL INTER. CO. NIG. LTD. APPELLANTS

HENRY O. EYA & ANOR

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The Plaintiffs, now Respondents approached the High Court by an originating summons for the interpretation of the effect of a previous judgment of another High Court. A preliminary objection was raised by the 1st Defendant (now Appellant) challenging the jurisdiction of the court having not been brought by due process of law. The 1st Defendant was of the opinion that the facts of the suit, as between it and the Plaintiff are controversial and could not be entertained without calling evidence. The trial judge overruled the preliminary objection. The learned counsel for the 1st Defendant/Appellant applied for stay of proceedings consequent upon the ruling and this was also refused. The learned counsel for the 1st Defendant/Appellant consequently filed a notice of appeal against the ruling of the High Court on the preliminary objection.

HELD

Appeal dismissed

ISSUES

None

RATIONES DECIDENDI

ISSUE OF JURISDICTION-WHERE INVOLVED IN A PENDING APPEAL -DUTY OF COURT THERETO

“Where issue of jurisdiction is involved in a pending appeal, a court is bound to grant an application for stay of proceedings pending the determination of the appeal. However, a court should not be swayed by the mere raising of jurisdiction, as in the instant case, to fold its arm or to simply for that reason grant stay of proceedings.” PER OWOADE JCA

STATUTORY PERIOD FOR APPEAL-TIME LAPSE-EFFECT OF

“An appeal filed beyond the statutory period prescribed without leave/extension of time by the Court of Appeal is not an appeal before the court and ought to be struck out.” PER OWOADE JCA

STAY OF PROCEEDINGS-GRANT OF-DUTY OF THE COURT THERETO

“It is now trite, that the grant of stay of proceedings of a case before the court is a matter of discretion of the court. The exercise of the discretion is dependent on the facts and circumstances of each case, and founded on grounds of appeal which must not be frivolous.” PER OWOADE JCA

INTERLOCUTORY APPEAL-ON PRESERVATION OF THE RES-DUTY OF THE COURT THERETO

“Where there is an interlocutory appeal on a ruling regarding the preservation of the res in the action, a trial court should stay proceedings pending the outcome of the appeal. However, in other interlocutory appeals, upon consideration of their peculiar facts and circumstances, it may be just and equitable that the trial court should proceed with the hearing of the case, since the unfavourable ruling that has given rise to the refusal to stay proceedings would be a subject of appeal after judgment.” PER OWOADE JCA

JUDGMENT OF A COURT-WHETHER CAN BE SUBJECT TO INTERPRETATION BY A COURT OF CO-ORDINATE JURISDICTION

“A judgment of a court of law cannot be subjected to interpretation by a court of co-ordinate jurisdiction like a deed, a will or an instrument containing rights and obligations of parties.” PER OWOADE JCA

CASES CITED

Holman Bros (Niq.) Ltd. vs. Kigo (Nig.) LId. (1980) 8-11 SC 43 at 62Vaswani Tradinq & Co. vs, Savalah (1972) 12 SC 77Okafor . vs. Nnaife (1987) 4 NWLR (pt. 64) 129Race Auto Supply Co, Ltd. & Ors .vs. Alhaja Faosat Akib (2006) 13 NWLR (PI. 997) 333 at 352.Chief O. Awhinashi & Anor. vs. Chief S. E. Oteri & Ors. (1984) 5 SC 38.

STATUTES REFERRED TO