HON. MUYIWA INAKOJU & ORS v. SENATOR RASHIDI ADEWOLU LADOJA & ORS
In The Supreme Court of Nigeria
On Thursday, the 6th day of July, 2006
SC.112/2006
RATIO
APPEAL: WHERE TIME IS OF ESSENCE AS TO AN APPLICATION FOR STAY
Where time is of the essence of a case before a court of law, the court will be most reluctant to grant an application for stay because such an application is antithesis to the speedy hearing of the case. PER KATSINA-ALU, J.S.C.
JUSTICES
ALOYSIUS IYORGYER KATSINA-ALU Justice of The Supreme Court of Nigeria
NIKI TOBI Justice of The Supreme Court of Nigeria
SUNDAY AKINOLA AKINTAN Justice of The Supreme Court of Nigeria
ALOMA MARIAM MUKHTAR Justice of The Supreme Court of Nigeria
IKECHI FRANCIS OGBUAGU Justice of The Supreme Court of Nigeria
Between
HON. MUYIWA INAKOJU & ORS Appellant(s)
AND
SENATOR RASHIDI ADEWOLU LADOJA & OTHERS Respondent(s)
KATSINA-ALU, J.S.C. (Delivering the Leading Ruling): I have carefully examined the motion for further stay of proceedings and have considered the submissions of learned senior counsel for the appellants-applicants and I do not see any way in granting it, in the light of decided cases. Where time is of the essence of a case before a court of law, the court will be most reluctant to grant an application for stay because such an application is antithesis to the speedy hearing of the case. It is clear from paras. 22 and 23 of the counter-affidavit that the res is very much liable to time as it will be extinguished by 29 May, 2007. The above apart, I do not see how the continuation of the case in the Court of Appeal will in any way prejudice the case of the appellants in the Supreme Court. I also do not see any hardship that will be caused to the appellants if the proceedings in the Court of Appeal are not stayed.
In the result this application is refused. It is accordingly dismissed. I make no order as to costs.
TOBI, J.S.C.: I agree with the ruling of Katsina-Alu, J.S.C.
Application dismissed.
Appearances
- O. Fagbemi, SAN, (with him, Bambo Adesanya, SAN, M. Lana, O. A. Ogunniran (A.-G., Oyo State), H. O. Afolabi, K. O. O. Fagbemi, A. O. Popoola, O. O. Ogundele, O. O. Ogunmola, Bolanle Adekoya) – For Appellant
AND
Yusuf O. Ali, SAN (with him, A. Egbewole, S. A. Oke, J. J. Jacob, M. B. Kawu)
Chief Wole Olanipekun, SAN, (with him, Oluwarotimi Akeredolu, SAN, Kola Awodein, SAN, Adeniyi Akintola, SAN, Prof. T. Osipitan, SAN, Adebayo Shittu, Mrs. Ala Abiodun Alao, Fidelis Bisong, Dele Adesina, Wahab Gbadamosi, Kunle)
Aare I. Abdulsalam (with him, S. Niyi Ajewole and Abiodun Adebayo) For Respondent
