ALHAJI SALIFU DEMSU (PLAINTIFF) vs. FAROUK NUHU BILLA (DEFENDANT)

This is an application for Stay of Execution filed by Defendant/Applicant upon the filing of a purported Notice of Appeal. I have read the application and the supporting affidavit. I have also read the affidavit in opposition. Regard has been given to the written submissions filed by both Counsel. From the submissions filed by the Plaintiff/Respondent’s counsel, it appears a preliminary objection has been raised. The objection is that the jurisdiction of the court has not been properly invoked and therefore the court lacks jurisdiction. Section 21(2) of the Courts Act 1993 (Act 459) as amended provides that a person aggrieved by any judgment of a District Court in a civil matter may appeal against the judgment to the High Court. The subsection (5) states that the High Court shall not entertain any appeal unless the appellant has fulfilled all conditions imposed in that behalf by the Rules of Court. Order 51 rule (2) of C.I.47 also provides that an appeal is brought in a cas.....