G. CAPPA LTD.
V.
ATT.-GEN., FEDERATION
ADEREMI, JCA: (Delivering the Lead Ruling): By its application dated and filed on 9th April, 2001, the 2nd defendant/applicant is prayingthis court for an order staying the execution of the decision contained in the ruling of Hon. Justice Abutu sitting at the Federal High Court, Lagos which ruling was delivered on 3rd of November 1998 granting leave to the plaintiff/respondent to issue a writ of execution to enforce payment of the sum of N730,000.00 allegedly payable by the said 2nd defendant pending the hearing and determination of the appeal lodged by the said 2nd defendant/applicant. A similar application had earlier been brought before the court below and refused by the ruling of that court delivered on the 19th April 2000 on the ground that no special circumstances have been shown. The present application is supported by a 15-paragraph affidavit to which are attached four exhibits, nine-paragraph further affidavit to which an exhibit is attached and a six-paragraph reply affida…