DTN PLC
V.
KUSAMOTU
·
GALADIMA, J.C.A. (Delivering the Leading Ruling): The applicant brought an application on 20/4/2000, praying for the following:
"1. An Order staying execution of the final judgment of the Lagos State High Court, per Honourable Justice O. O. Obadina (as he then was) delivered on 23rd October, 1998.
ALTERNATIVELY
An order granting stay of execution of the judgment of the Lagos State High Court, delivered in this suit on 23rd October, 1998, upon a liberal term, than the one granted by the trial High court.
ALTERNATIVELY
An order varying the terms of the order made by the Honourable Chief Justice, Christopher Segun, made herein on the 20th day of January, 2000."
The applicant filed in support of the application, a 12 paragraph affidavit to which were annexed several documents as exhibits, namely notice of appeal, exhibit 'T01'; ruling of the lower court delivered on 29/1/2000 exhibit 'T02'.
The respondent filed a counter-affidavit of 31 paragraphs on 5/6/2000, while the applicant filed a …