The Court of Appeal sitting in Akure, Ondo State capital, has struck out the motion of stay of execution applied by Skye Bank Plc on the judgement in favor of Tuns Farms Limited. The court said it took the position on the grounds that it lacks the jurisdiction to entertain the matter given that the bank had already filed an appeal challenging its ruling on the original case at the Supreme Court. In the same ruling the court also struck out all other motions sought by the bank.
According to the presiding judge, Justice Sotonye Denton-West, the court was in agreement with Mr. Duro Adeyele (SAN), counsel to Tuns Farms Limited, that it lacks jurisdiction to entertain a case that has already been entered at the Supreme Court. She stated that any deliberation of the matter was “an exercise in futility” and “amounts to a waste of the court’s time”. She pointed out that the records of the case are already at the Supreme Court.
Earlier, Mr. Oluwemimo Ogunde (SAN), counsel to Skye bank, had persuaded the court to hear and rule on the motion that the execution of the original judgement by a trial court was not properly carried out and should be set aside, insisting that the court will have to rule one way or the other.
In response, Justice Mohammed Ambi-Usi Danjuma, one of the judges of the Court of Appeal reminded the lawyer that “the supreme court will not be interested in asking whether or not the execution was properly done, stressing that, the supreme court was only approached to determine whether the Court of Appeal was right to uphold the judgement of the trial court.”
Delivering the court’s ruling on the matter, Justice Denton-West said: “This court has been inundated by applications mostly overtaken by events and before …Read More
Source:: PM Newspaper
