ALI ABUBAKAR B. GUMEL, J.C.A. (Delivering the Leading Judgment): This is an appeal against the ruling of the Ondo State High Court, Ondo Judicial Division, delivered on 28th October, 2008 in Suit No. HOD/101/98.
The Appellant is the Plaintiff/Judgment Creditor in Suit No. HOD/101/98. In a judgment delivered on 30th June, 2008, the Appellant obtained judgment against the respondent, as the Defendant in that matter. In a notice of appeal dated and filed on 9th July, 2008, the Respondent herein appealed against the judgment of 30/6/2008.
Upon and subsequent to this notice of appeal, the Respondent herein as the Defendant/Judgment Debtor/Applicant, in a motion on notice dated 28th July, 2008 but filed on 29/7/2008 sought for an order of Court "staying" the judgment of the Court delivered by Odusola, J on the 30/06/08.
This application was supported by a 36 paragraph affidavit deposed to by the within named Defendant/Judgment Debtor/respondent. A number of copious documents were attached …