His Lordship, Hon. Justice Isaac Essien of the National Industrial Court, Lagos Judicial Division has dismissed the application for stay of execution filed by the First Bank of Nigeria in a matter brought by Lilian Akumah for being incompetent.
The Court held that no competent Appeal filed against the decision of the court made on the 10th October 2019 for which the court can exercise his discretion to grant.
From facts, the defendant- First Bank filed a motion seeking an order to Staying proceedings in the suit pending the hearing and determination of the Motion for leave to appeal to the Court of Appeal filed on 24th October 2019 against the interlocutory decision of the court.
In opposition, Counsel to the respondent Stella John Esq argued that an appeal where there is no right of appeal amounts to an abuse of court process urged the court to dismiss the application with substantial cost.
In reply, Counsel to the applicant O. Okelola Esq argued that there is a valid appeal urged the court to grant the application in the interest of Justice.
Delivering the ruling, the presiding Judge, Justice Essien held that the proposed notice of appeal annexed to the application is not an appeal process that can be recognize by the court, that the only process that can initiate an appeal from the decision of the court is the leave to appeal granted by the Court of Appeal.
“First I must state very clearly that the 1st prayer sought for in this application is rather strange, unusual and is not known to the rules of this court. The applicant here seeks ‘an order staying the proceedings of this court pending the hearing and determination of the motion for leave to appeal to the court of appeal’.
“The applicant is not seeking an order staying proceedings pending the determination of the applicant’s appeal to the Court of Appeal if any. Order 64 Rule 14(1) of the rules only recognises an application for stay of proceedings pending appeal. The prayer sought for in this application is incompetent.
“There is no evidence that payment for the compilation of the record has been made. There is no evidence that an appeal has been entered by the court of Appeal.
In all, the court dismissed the application for lacking merit, ordered defendant/applicant to pay a cost of N100, 000 to the claimant/respondent before the next adjourned date.