MANGAJI, JCA (Delivering the Lead Ruling): On 17th May, 2001, the applicants herein filed this application now under consideration seeking for the orders prayed for and couched in the following terms: “1. AN ORDER to stay the auction of the properties attached on the 22/2/2001 pursuant to the execution of the judgment of the Makurdi: High Court 4 dated 22nd November, 2000 pending the determination of appeal. 2. To order the release and restoration of the 2nd applicant items that were attached on 22/2/2001. FURTHER TAKE NOTICE that notice of appeal in this matter has been duly filed and the grounds of appeal raises substantial and vital issues of law to be argued at the hearing of the appeal.
AND FOR such other order(s) as the Honourable court may deem fit to make to preserve (sic) the res in the interest of justice.” On 14th March, 2002 when the motion came up for argument, Chief Osuman of counsel for the applicants pointed out that the properties he seeks their release had been …