(1) Did Justice Gillese err in dismissing OEFC's motion to stay portions of Superior Court
orders pending determination of its application for leave to the Supreme Court of Canada?
Ontario Electricity Financial Corporation («OEFC») brought a motion under s. 7 (5) of the Courts of Justice Act to vary Justice Gillese's order dismissing its motion to stay a portion of certain Superior Court
orders pending determination of its application for leave to appeal to the Supreme Court of Canada.
Not exact matches
In a statement personally signed by the presiding judge, Justice A. M. Liman, the court granted a restraining
order on any member of the National Working Committee of the PDP who was removed from office by the Party's National Convention in Port Harcourt from receiving nominations and or submitting names to the Independent National Electoral Commission (INEC) as officers or candidates of the PDP in whatever capacity
pending the hearing and
determination of the Motion on Notice brought by the Party.
Presiding Justice Sule Hassan
ordered the prison remand of the defendants,
pending the
determination of their applications for bail.
In an appeal he filed through his team of lawyers headed by J.B Daudu, SAN, Saraki prayed for «An
order staying further proceedings in Charge No: CCT / ABJ / 01 / 2015 between Federal Republic of Nigeria vs Dr. Olubukola Abubakar Saraki fixed for hearing on November 5 and 6, 2015
pending the
determination of the appeal
pending before the Supreme Court against the judgment of the Court of Appeal dated October 30, 2015.»
The
order read, «Upon this motion ex-parte pursuant to section 143 (1) & (2) of the Electoral Act 2010 (as amended) and
pending the
determination of the motion on notice, after hearing O.O Nkume, counsel to the applicant.
«It is
ordered that an
order of injunction is hereby made restraining the 2nd defendant (INEC) from issuing a certificate of return to the 1st defendant (Ogah) while the claimant (Ikpeazu) remains in office in accordance with section 143 (1) & (2) of the Electoral Act 2010 (as amended) and
pending the
determination of the motion on notice.
The claimant on April 26, 2018, filed an ex parte motion, praying the court to issue an
order directing the defendants to recognise and deal with him as the chairman of APC
pending the hearing and
determination of the motion on notice.
Justice Ahmed Mohammed in a ruling on the accused persons» bail applications also
ordered that they should deposit their passport with the court
pending the
determination of their trial.
As an institution that obeys the law and court
orders, the Senate has decided that it will comply with the judgement of the Federal High Court and do nothing to stop Senator Ovie Omo - Agege from resuming in his office and at plenary from tomorrow May 15, 2018,
pending the
determination of the application for stay of execution.
The
order followed an ex parte application by the Economic and Financial Crimes Commission seeking a forfeiture of the sum to government,
pending the
determination of the motion on notice.
Describing the allegations as frivolous, the police helmsman in the suit also wants the court to make an
order stopping the committee from inviting him, sitting, conducting any hearing on the allegation, discussing or making any report in respect of the planned investigation
pending the
determination of his suit.
«An
order restraining the President of the Senate and the entire Senate from receiving and discussing any report submitted to it by the committee set up to investigate the allegation against Mr. Ibrahim Idris
pending the
determination of this suit.
The court also
ordered that the money be kept in an interest yielding account in the name of the Chief Registrar of the Federal Court,
pending the
determination of the suit.
In his ruling, Justice Saidu turned down the 1st defendant's application for bail and
ordered that she should be remanded in EFCC's custody
pending the
determination of her bail application.
He also sought the court's
order releasing him from detention unconditionally
pending the commencement and
determination of his trial if any charge would ever be filed against him on the basis of his ongoing detention.
A Federal Capital Territory, High Court sitting in Gudu, Abuja has
ordered the Economic and Financial Crimes Commission, EFCC, to remand into prison custody
pending the
determination of a bail application by the Ex - FCT minister Bala Mohammed who has been arraigned over a 6 - count charge bordering on abuse of office, false declaration of assets and fraud to the tune of N864million.
Justice Nnamdi O. Dimgba of the Federal High Court, Abuja on Tuesday, June 7, 2016
ordered the remand of Azibaola Robert, a cousin of ex - president Goodluck Jonathan in Kuje Prison
pending the
determination of his bail application.
The Supreme Court had on November 12, 2015 through a five - man panel, led by now retired Justice John Fabiyi, granted an
order of stay of proceedings of Saraki's trial before the CCT,
pending the hearing and
determination of his appeal.
$ 40m Scam: Jonathan's Cousin, Azibaola Remanded in Prison Justice Nnamdi O. Dimgba of the Federal High Court, Abuja on Tuesday, June 7, 2016
ordered the remand of Azibaola Robert, a cousin of ex - president Goodluck Jonathan in Kuje Prison
pending the
determination of his bail application.
He also sought an
order of interim injunction restraining the second and third defendants, whether by themselves, servants, agents, privies or howsoever called from forwarding a fresh name or governorship aspirant to the first defendant, when the plaintiff was still alive and had not withdrawn his candidacy for the governorship election of Bayelsa State,
pending the
determination of the substantive suit.
In the alternative, he prayed the court to give an
order of interim injunction mandating the defendants, whether by themselves, their servants, agents, privies or howsoever called to publish the name of the plaintiff as an aspirant for the November 19, 2011 governorship primary in Bayelsa State or any governorship primary election scheduled for Bayelsa State, on any date which the defendants may choose,
pending the
determination of the substantive suit.
The Bayelsa State governor wanted an
order of interim injunction restraining the first defendant, whether by itself, servant, agents, privies or howsoever called from accepting from the second and third defendants any fresh submission of names of governorship aspirant from Bayelsa State, to change / substitute the name of the plaintiff which had already been submitted to the first defendant after the primary election of January 2011,
pending the hearing and
determination of the substantive suit.
The Court
ordered the plaintiff to comply with the laws of the State, adding that no new measures should be introduced by the first defendant
pending the
determination of the suit.
According to him, the restraining
orders on the Regulation 2017 can be allowed to subsist
pending determination of the suit.
He held that the interlocutory
orders were to subsist,
pending the
determination of the substantive suit marked: FHC / ABJ / CS / 439/2016 filed by two governorship aspirants of the PDP in Edo and Ondo states — Chief Benson Akingboye (Ondo) and Ehiozuwa Johnson Agbonayinma (Edo).
«The ex parte
order made to last
pending the
determination of an investigation, which is devoid of a time certain and indefinite in nature, is oppressive and a violation of the applicant's rights to fair hearing, presumption of innocence and right to her property.»
INEC had suspended the recall process against Melaye after it was served with an
order granted by Justice John Tsoho of the Federal High Court, Abuja which directed the commission to maintain the status quo
pending the
determination of the suit that Melaye filed to challenge his recall process.
The purpose of a freezing
order is normally to preserve assets in the jurisdiction
pending determination of the claim.
An interim measure is any temporary measure by which, at any time prior to the issuance of the award by which the dispute is finally decided, the arbitral tribunal
orders a party, for example and without limitation, to: (a) maintain or restore the status quo
pending determination of the dispute; (b) take action that would prevent, or refrain from taking action that is likely to cause, (i) current or imminent harm or (ii) prejudice to the arbitral process itself; (c) provide a means of preserving assets out of which a subsequent award may be satisfied; or (d) preserve evidence that may be relevant and material to the resolution of the dispute.
A law society hearing committee had earlier found Merchant guilty of conduct unbecoming a lawyer for breaching a June 4, 2003,
order that required him to pay certain settlement proceeds due to his client, M.H.,
pending determination of a related family property issue.
Interim and interlocutory injunctions and
orders to freeze assets, preserve the status quo
pending the
determination of litigation, stay of proceedings, and to obtain and secure evidence.