Hon. Muyiwa Inakoju & Ors V. Senator Rashidi Adewolu Ladoja & Ors (2006)

LAWGLOBAL HUB Lead Judgment Report

KATSINA-ALU, J.S.C.

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.

SC.112/2006