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Yenagoa – Presiding Judge of the National Industrial Court of Nigeria, Yenagoa division, His Lordship, Hon. Justice Bashar Alkali, in a ruling, struck out the application for stay of execution filed by The Executive Governor, Delta State Of Nigeria and 3 others against the judgment creditor, Dr. Emibra Efiriandi Agbeotu for being incompetent.
The court held that all the processes filed further to this Application failed to comply with the mandatory provisions of Order 64 Rule13 (2) (b) (c) (d) and (e) and therefore it is incompetent.
Following the Judgment entered by this Honourable court in favour of the Judgement Creditor on the 20th day of July, 2018, the Judgement Debtors filed a Motion on Notice under the inherent jurisdiction of this Honourable court prayed for AN ORDER staying the execution of the judgment pending the hearing and determination of the appeal against the said judgment on the grounds that all the grounds of appeal as contained in the Notice of Appeal, particularly Grounds1, 3, 4 and 5, are substantial, jurisdictional and arguable grounds of appeal challenging the jurisdiction of this Honourable court to entertain and adjudicate over the suit ab initio.
Learned counsel contended that in the very likely event that this appeal succeeds, the Claimant/Respondent who has been relieved of his political appointment as a member of the 3rd Defendant/Applicant’s Board does not have any viable means of livelihood for him to refund the judgment sum.
In opposition, Judgement creditor argued that there is no doubt that the Judgment Debtors/Applicants did not establish any special circumstance why the execution of the said judgment ought to be stayed.
Learned counsel argued that there is no pending application filed by the Judgment Debtors/Applicants that time to compile and transmit the records of appeal be extended, this Honourable court can only rightly infer and or presume that the Notice of Appeal has been abandoned.
That the argument that the grounds of appeal are jurisdictional, substantial and arguable thus a stay of execution be granted is misconceived urged the court to dismiss the application of the Judgment Debtors for want of merit and award substantial cost against them.
After careful evaluation of all the processes filed, and the submissions of the learned Counsel from both sides. The Court presided by Hon. Justice Bashar Alkali expressed thus;
“It is now settled principle of practice and procedure that Rules of Court are meant to be obeyed and followed because they regulate matters in Court and make for the smooth administration of Justice.
“Flowing from this, the Applicant filed a proposed Notice of Appeal before this court on the 7thday of August, 2018 that is to say almost eight months from now but up to this moment there is nothing before this court to show that the Applicant did apply and pay for the compilation of the records of appeal or to ensure that the records of appeal are promptly compiled and transmitted to the Court of Appeal.
“I have carefully examined the processes filed by the Applicant here and I find from the record, there is no compliance with the provisions of Order 64 Rule 13.
“This Court can only consider the merits of this Application where it has been shown that the requirements of Order 64 Rule 13(2) have been complied with.
“I have carefully examined all the processes filed further to this Application and I find that this present Application has failed to comply with the mandatory provisions of Order 64 Rule13 (2) (b) (c) (d) and (e) and therefore it is incompetent.
“The Court would not go into the merits of whether or not to grant an incompetent Application. The only option left to this Court would be to strike out this application. This application is hereby struck out.
