LEGAL PRINCIPLE: CIVIL PROCEDURE — Stay of Proceedings — Effect of Pending Appeal — Jurisdiction to Set Aside Judgment Already on Appeal
PRINCIPLE STATEMENT
A court cannot set aside a judgment that is already on appeal to the Court of Appeal, as that would tantamount to taking the shine off the appellate court.
RATIO DECIDENDI (SOURCE)
Per Tobi, JSC, in African Reinsurance Corporation v. JDP Construction Nigeria Limited (2003) NLC-662002(SC) at p. 19; Paras E–A.
"How can this court set aside a judgment which is on appeal to the Court of Appeal? That will be tantamount to taking the 'shine' or the 'Show' off or away from the Court of Appeal and this court cannot do that."
EXPLANATION / SCOPE
Once a judgment is appealed, the trial court loses jurisdiction to set it aside. The appellate court has exclusive jurisdiction. The principle applies to all courts. The trial court cannot interfere with the appellate process. The rule preserves the hierarchy of courts. The proper remedy is to pursue the appeal. The principle is well-established.