UWAIFO, J.C.A. (Delivering the Lead Ruling): On 27th March, 1987 at the Onitsha High Court, Olike, J., gave judgment for the plaintiff/respondent for the sum of N14,592.00 with costs of N250.00. The said amount was the value of 304 cartons of Unipetrol motor oil which the defendants negligently lost in a bailment contract. The 2nd defendant was said to be the driver of the 1st defendant who drove the vehicle conveying the said goods at the material time.
The 1st defendant has appealed against that judgment alleging that the evidence was not properly considered by the Judge to the effect that he was vicariously liable for the act of the 2nd defendant in the course of driving the first defendant's vehicle. He sought a stay of execution of the judgment at the court below which was refused by Aneke, J., on 11 November, 1988.
In his application filed in this Court on 22nd March, 1989, the 1st defendant now seeks an order of this court for a stay of execution. In the affidavit in support, …