CORAM
FATAYI-WILLIAMS JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
ANIAGOLU JUSTICE, SUPREME COURT
PARTIES
SYLVANUS MORTUNE PLAINTIFF/RESPONDENT
APPELLANTS
ALHAJI MUHAMMADU GAMBO DEFENDANT/APPELLANT /APPLICANT
RESPONDENTS
AREA(S) OF LAW
LEAVE TO APPEAL FOR STAY OF EXECUTION
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
CASES CITED
None.
STATUTES REFERRED TO
None.