NNAEMEKA-AGU, J.C.A. (Presiding and Delivering the Lead Judgment): This is an appeal by the second defendant against the ruling of Ayorinde, dated the 21st day of November, 1985. This matter first came before this court as an application for a stay of execution dated the 30th day of January, 1986. Because of the nature of the issues involved, this court decided to hear the appeal on the bundle of papers exhibited to the motion paper and such other relevant papers as the parties may deem it necessary to file rather than hearing the issues twice. So with the consent of counsel on both sides the application was converted into an appeal. Briefs were duly filed by counsel on both sides.
At the beginning of the hearing of the appeal there was a minor argument as to whether the appeal was filed within time as the notice of appeal Exh. C to the original application carries the date 30th of January, 1986. The learned counsel for the appellant was able to satisfy us that the appeal was filed on…