AGBA & ANOR
V.
OKOGBUE

OWOLABI KOLAWOLE, JCA (Delivering the Lead Ruling): In this application, the Defendants who have appealed to the Supreme Court against the decision of this Court are asking for a stay of execution of the said judgment on the familiar grounds namely:

(1) That the enforcement of the judgment of the Court of Appeal given on 27th July, 1987 will destroy the substance of the appeal to the Supreme Court.

(2) That the enforcement of the said judgment will render the judgment nugatory.

(3) That the enforcement of the said judgment will destroy the lien which the Defendants/Appellants/Applicants have over the Respondent's sewing machine seized by the Age Grade for the Respondent's refusal to pay his contributions towards community development.

This application is supported with an affidavit the main summary of which I have highlighted above and a notice and grounds of appeal.

The subject-matter of this application is the return of the Plaintiff/Respondent's butterfly sewing machine seized by t…