MARY PETER-ODILI, J.C.A. (Delivering the Lead Ruling): In a motion on notice dated 29th July, 2004 the appellants/applicants prayed for the following reliefs:
1. An order staying the execution of the orders of High Court of Justice Ayangba in its judgment delivered on 4/3/2004 in suit No. AYHC/7/2001 pending the hearing and determination of this appeal.
AND for such further or other orders as this Honourable Court may deem fit to make in the circumstance of this appeal.
The applicants premised the application on the following grounds:
(a) The lower court made an order restraining the 2nd appellant/applicant from recognising the 1st appellant/applicant as Ohioga-Atta.
(b) The lower court refused to grant this same application for stay of execution of its orders against the 1st appellant on 20/7/2004.
The application was moved on the 17/2/05 by Mr. Akubo, learned counsel for the applicants. He stated that the application is brought pursuant to Order 3 rule 3(1) and (3) of the Court of A…