FABIAN NJOKU & ORS v. CHIEF GODFREY CHUKWUMANJO IFUNOBI
(2018)LCN/11875(CA)
In The Court of Appeal of Nigeria
On Monday, the 9th day of July, 2018
CA/OW/254M/2017(R)
RATIO
JUSTICES
MASSOUD ABDULRAHMAN OREDOLA Justice of The Court of Appeal of Nigeria
AYOBODE OLUJIMI LOKULO-SODIPE Justice of The Court of Appeal of Nigeria
TUNDE OYEBANJI AWOTOYE Justice of The Court of Appeal of Nigeria
Between
FABIAN NJOKU & ORS Appellant(s)
AND
CHIEF GODFREY CHUKWUMANJO IFUNOBI Respondent(s)
MASSOUD ABDULRAHMAN OREDOLA, J.C.A. (Delivering the Lead Ruling):
Parties are absent.
3rd Appellant represented by Pastor Patrick Ejike – Resident Pastor.
Dr. Livy Uzoukwu, SAN with A.S. Kolawole Esq. for the respondent.
Anyiam’ Osigwe: Moves in terms of the motion on notice filed on 27/4/18 praying in the main for extension of time to compile and transmit record of appeal in this matter.
Dr.Uzoukwu, SAN: Not opposing.
Court: Granted as prayed in terms of prayers 1, 2 and 3 on the motion paper. The record of appeal received at the registry of this court on 19/02/18 is deemed duly compiled and served today. Motion on notice filed on 6/7/17 is struck out having been withdrawn.
Court: We have been referred to the motion on notice filed on 14/07/17 for stay of proceedings in Suit No. HOW/337/97 which is pending before the lower Court. We have also observed that the instant interlocutory appeal pertains to admissibility of evidence in a matter that has crawled and lingered in Court for more than two decades.
We do not feel enamoured or inclined to entertain the said application for stay of proceedings. Pursuant to Paragraph 10 (b) of the Court of Appeal Practice Directions, 2013. We hereby refuse to hear the said application, we are of the firm view point that the issues(s) at stake are such that can be conveniently taken up and determined if the need arises, by way of an appeal arising from the final judgment of the Court below. It is thus ordered that the Court below should accord accelerated hearing to this matter that has stayed in Court for more than two decades. Consequently, the said motion on notice filed on 14/07/17 for stay of proceedings is hereby struck out.
AYOBODE OLUJIMI LOKULO-SODIPE, J.C.A.: I agree.
TUNDE OYEBAMIJI AWOTOYE, J.C.A.: I agree.
Appearances:
Peter Anyiam-Osigwe Esq.
3rd Appellant represented by Pastor Patrick Ejike- Resident Pastor.
For Appellant(s)
Dr. Livy Uzoukwu, SAN with him, A. S. Kolawole, Esq.For Respondent(s)
