"As pointed out by the learned counsel for the Appellant, the case which appears to be the locus classicus on the issue in Nigeria is the Supreme Court decision in SHODEINDE VS. AHMADIYYA MOVEMENT-IN-ISLAM (1980) ALL N.L.R. 64 at 74 where Idigbe, J.S.C of blessed memory, after giving full considerations to a line of English decisions and relying particularly on the decision in the case of: that: ERINGFORD PROPERTIES LTD V. CHESHIRE COUNTY COUNCIL (1974) CH 261 held that: "Where the Judge dismisses an interlocutory Motion for an injunction, he nevertheless has jurisdiction to grant the unsuccessful Applicant an injunction pending an Appeal against the dismissal, and it is not necessary for the Applicant to apply to the Court of Appeal." At Page 77 of the Report his Lordship also relying on the English decision of: - POLINI VS. GRAY (1879) 12 CH. D. 438 held that: "I would therefore like to conclude this Judgment by making it quite clear that the High Court does not lose its jurisdiction to entertain applications for stay of proceedings or action under its Judgments, orders or decisions under appeal to the Court of Appeal because by the said Order, decision or Judgment it had dismissed the claim before it "absolutely" (i.e. without reservation), and it makes no difference (1) that the Applicant in the circumstances, is the Plaintiff who lost his claim or (2) that his application is couched in the form of request for an order of injunction and (3) in any event, that the decision, order or Judgment in question (i.e. on appeal) has been drawn up and entered."

These cases, including: OKOYA vs. SANTILI (1990) 2 NWLR (PT. 131) 172 at 226; ONUZULIKE VS. COMMISSIONER FOR SPECIAL DUTIES, ANAMBRA STATE (1990) 7 NWLR (PT. 161) 252; and OYELAMI VS. MILITARY ADMINISTRATOR OSUN STATE (1999) 8 NWLR (PT. 613) 45. have crystallized the principle that just as in a stay of execution, a Plaintiff who was unsuccessful in a lower Court can apply for an injunction to Protect his right arising from reliefs sought by him in the lower Court pending the determination of an Appeal he has lodged."

Per OWOADE, J.C.A. IN MARINE & GENERAL ASSURANCE CO. LTD v. HON. MINISTER OF FINANCE & ORS CITATION: (2018) LPELR-43518(CA)