Duty of court to ensure that it does not make an order in vain

“Second, it is now trite that where there is an Appeal before the Supreme Court, as in the present case, a decision by the High Court which will render the result of the Appeal nugatory should be avoided. See MOHAMMED VS. OLAWUNMI (1993) 4 NWLR (PT. 287) 254 AT 278 – 279. Relatedly, the learned trial Judge was right by his conditional orders to avoid the ugly situation whereby his own judgment granting injunctive reliefs to the Appellant would be rendered impossible and or incapable of being obeyed if the Supreme Court found against the declaratory reliefs which the Court of Appeal earlier granted to the Appellant. The legal maxim is Lex non cogit ad impossibilia – meaning “The law does not compel to impossible ends”. Thus in the case of BULUNKUTU VS. ZANGINA (1997) 11 NWLR (PT. 529) 526 AT 539 – 540, the Court held that Courts should desist from making Orders in vain and not make Orders that are impossible to be obeyed or implemented. See also: C. C. B. (NIGERIA) PLC VS. OKPALA (1997) 8 NWLR (PT 518) 673 AT 694; OLADIPO VS. OYELAMU (1989)5 NWLR (PT. 120) 210 AT 221.”Per OWOADE, J.C.A. (Pp. 11-12, Paras. B-B); ADENIYI v. IFELODUN LOCAL GOVERNMENT & ORS (2018) LPELR-44050(CA)