ALADINMA MEDICARE LTD &ANOR VS REGISTERED TRUSTEE OF OVERCOMERS CHRISTIAN MISSION & ORS

CORAM

PARTIES

ALADINMA MEDICARE LTDDR. DARLINGTON O. AMAMAS APPELLANTS

REGISTERED TRUSTEE OF OVERCOMERS CHRISTIAN MISSION & ORS

RESPONDENTS 

AREA(S) OF LAW

SUMMARY OF FACTS

The plaintiff/ appellants sued the respondent in the trial court to restrain them from nuisance, the respondents abandoned the case, whereupon the trial court found in favour of the appellants, dissatisfied with the judgment, the respondent appealed t the court of appeal, while in the absence of stay of judgment, the appellant filled a motion to commit the respondents to prison for disobedience of judgment and order of the trial court. The respondent filed a motion for stay of further proceedings and a preliminary objection for committal.

The trial court while hearing the motion of stay of proceeding, decided to hear the motion of committal before the preliminary objection. The respondent dissatisfied appealed to the court of appeal which set aside the ruling of the trial court. The plaintiff dissatisfied appealed to the Supreme Court?

HELD

The appeal was allowed and the lone issue in the appeal was resolved in favour of the appellants

ISSUES

1.Whether the applicants have shown any special exceptional circumstance for the granting of a stay of proceeding?

RATIONES DECIDENDI

WHEN AN APPEAL CAN BE HEARD

“The appeal cannot be heard until it is entered in the Registry of the appellate Court. It is entered when the record of the Court from which the appeal is brought has been received in the Registry of the appellate Court to which the appeal is brought at.” Per Nwali Sylvester Ngwuta J.S.C

CASES CITED

Ogunremi v. Dada (1962) 1 All NLR 663; Ezeokafor v. Ezeilo (1999) 6 SCNJ 209 at 218

STATUTES REFERRED TO

NONE

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