DR J.O.J OKEZIE V. FEDERAL ATTORNEY GENERAL
August 1, 2025ADEKUNLE ODUNSI & ORS V. ADEMOLA ODUNSI
August 2, 2025Legalpedia Citation: (1979) Legalpedia (SC) 11163
In the Supreme Court of Nigeria
Sun Apr 29, 1979
Suit Number: SC. 56/1978
CORAM
EMANUEL OBIOMA OGWUEGBU, JSC. JUSTICE, SUPREME COURT (Read the Leading Judgment)
IDIGBE, JUSTICE, SUPREME COURT
ANIAGOLU, JUSTICE, SUPREME COURT
PARTIES
SYLVANUS MORTUNE PLAINTIFF(S) / RESPONDENT(S)
DEFENDANTS/APPELLANTS
AREA(S) OF LAW
SUMMARY OF FACTS
This was an application for leave to appeal from the decision of the Federal Court of Appeal refusing to order a stay of execution of the order of the High Court that the defendant/appellant should return the two passports of the plaintiff/respondent to him within three days from the date of the said order. The High Court had earlier to be precise, refused an application for a stay of execution of the same order. The applicant appealed to the Supreme Court.
HELD
It was advised that care should be taken, when a court is hearing an interlocutory application, to avoid making any observation in its ruling on that application which might appear to pre-judge the main issue in the proceedings relative to the interlocutory application.
ISSUES
That while this application was pending in this court, the passports in question were returned to the plaintiff/respondent.
RATIONES DECIDENDI
WHAT CONSTITUTE ISSUE ESTOPPEL
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CASES CITED
None.
STATUTES REFERRED TO
None.
