TSAMIYA JCA (Delivering the Lead Judgment): This appeal is against the ruling of Sankey J sitting in the High Court of Justice, Jos, Plateau State and delivered on 6 February 2004. The respondent in this case has brought a motion before the High Court of Justice, Jos, Plateau State (herein referred to as the lower court) asking the lower court for an order for stay of execution of its judgment delivered on 19 December 1993 until the determination of suit No. SC/269/ 2002 pending before the Supreme Court. The respondent filed an affidavit of five paragraphs and three annexures marked exhibits A-C as well as further and better affidavit in support of her motion. The appellant in this case, on its part filed a counter-affidavit of a five paragraphs with ten annexures marked exhibits A-J.
After hearing the arguments of both counsel for the parties, the learned trial Judge ruled as follows:
“For the aforesaid reasons, I find merit in the application. It is accordingly granted as prayed in …