ALHAJI A.G. ISHOLA-NOAH V HIS EXCELLENCY, THE BRITISH HIGH COMMISSIONER TO NIGERIA
July 30, 2025MRS VICTORIA OMOLARA BUCKNOR-MACLEAN VS INLAKS LIMITED
July 30, 2025Legalpedia Citation: (1980) Legalpedia (SC) 11110
In the Supreme Court of Nigeria
Fri Sep 5, 1980
Suit Number: SC. 27/1980
CORAM
SOWEMIMO, JUSTICE, SUPREME COURT
OLABODE RHODES-VIVOUR
ANIAGOLU JUSTICE, SUPREME COURT
KAYODE ESO, JUSTICE, SUPREME COURT
MOHAMMED BELLO, CHIEF JUSTICE OF NIGERIA
PARTIES
HOLMAN (BROS) LIMITED APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Defendant/Applicant brought an application before the Supreme Court for stay of further proceedings of the substantive action in the Kano High Court, after same application was refused by the High court and the Federal Court of Appeal.
HELD
The court granted the prayer of the applicant, further proceedings in the action now pending before the Kano High Court be stayed.
ISSUES
Whether the Supreme Court has jurisdiction to grant a stay of further proceedings in the High Court pending the determination of an appeal against the decision of the Federal Court of Appeal filed herein.
RATIONES DECIDENDI
STAY OF PROCEEDINGS
The court from which an appeal lies as well as the court to which an appeal lies have a duty to preserve the res for the purpose of ensuring that the appeal, if successful, is not nugatory PER ESO, JSC
CASES CITED
Shodeinde and Ors. v. Ahmadiyya Movement-In-Islam (1980) 1/2 S.C. 163
Ogunremi v. Dada (1962), 1 All NLR 663
Vaswani Trading Co. v. Savalakh & Co. (1972) All NLR Pt.2 483
Wilson v. Church (No. 1) (1879) 11 Ch.D 576
Re Erinford Properties (1974) Ch. 261
Andler & Ors. v. Duke & Ors. (1932) 3 Dom.L.R. 210
STATUTES REFERRED TO
The Supreme Court Act No.12 of 1960
The Supreme Court Rules 1977
The Federal Court of Appeal Decree, 1976.
