Facts:

The appellant is a company engaged in the business of telecommunications and in order to advance its business operations, engaged the services of Messrs Centre Spread FCB, to carry out advertisement services for it. The respondent was contacted by Messrs. Centre-Spread FCB for permission to use the musical work “Everything I do, I do for you”. The respondent claimed that the appellant was already in breach of their copyright and when the parties could not amicably resolve the issue, the respondent filed a suit against the appellant at the Federal High Court, Lagos Division. The respondent claimed declarative and perpetual reliefs in addition to general and specific damages. The appellant filed its statement of defence and the matter proceeded to trial. After the conclusion of evidence, the appellant filed an application seeking the leave of court to amend its statement of defence.
The application was refused and the appellant filed an appeal at the Court of Appeal, Lagos Division. It also filed a stay of proceedings at the trial court. The trial court heard the application but refused to grant it. Same application was filed at the Court of Appeal. The trial court continued with the matter and on close to delivering its judgment on the suit when the appellant filed another application before the court for further stay of proceedings. The court refused to hear the application and without waiting for the Court of Appeal to hear and determine the appellant’s application for stay of proceedings, delivered its judgment and awarded the sum of N100,000.000.00 (One Hundred Million Naira) in favour of the respondent as special and general damages for the infringement of its copyright by the appellant. The appellant was dissatisfied with the judgment of the trial court and as a result filed a notice of appeal at the Court of Appeal, Lagos Division urging it to reverse the trial court.
One of the issues for determination is whether the judgment of the trial court is not liable to be set aside on the ground that the trial judge disregarded pending applications before him and the application for stay of proceedings filed at the Court of Appeal which were duly brought to his notice before delivering the judgment.