BABALAKIN, J.C.A. (Delivering the Leading Judgment): By a motion on notice-dated 4th April, 1990 and filed in this court on the same day, the appellant who is now applicant before us brought a motion seeking the following orders:-
"(1) for stay of execution of the Order for possession and judgment debt made against the applicant on the 30th day of November, 1988 pending the determination of the appeal hereby filed.
(2)AND for such order or further orders as this Honourable Court may deem fit to make in the circumstances."
The application was brought pursuant to the provisions of Section 18 of the Court of Appeal Act, 1976 which empowers this court to entertain such applications. The motion was supported by a 16 paragraph affidavit sworn to by the applicant himself, Mr. Gabriel Nwokocha Emeshie, wherein he stated as follows:-
"1. That I am the appellant/applicant.
2. That the claim against me is for arrears of rent and possession of the premises situate at 21, Moor Road, Yaba Lagos.
3. That …