ONNOGHEN, JCA (Delivering the Lead Ruling): On the 23rd day of July, 2001, the appellant/applicant filed a notice of motion praying this court for the following orders: “1. An order staying the execution of the judgment of the lower court, dated 28th May, 1993, in the above suit No. HAD/41/ 89, pending the hearing and determination of the appeal against the same. 2. An order granting the appellant/applicant leave to further amend his amended notice of appeal, dated 17th April, 2001 by filing and arguing additional grounds of appeal as per the further amended notice of appeal, (herein) attached as exhibit “A”. 3. An order deeming the already filed further amended notice of appeal (exhibit “A” herein) as having been properly filed and duly served vide the appellant/applicant’s pending notice of motion dated 23rd July, 2001.”
The motion is supported by a 10 paragraphed affidavit to which exhibit “A” is attached. On the 19th day of November, 2001, the applicant filed a further affidavit …