IBRAHIM MOHAMMED MUSA SAULAWA, JCA (Delivering the Leading Judgment): This is an appeal against the ruling of the Borno State High Court, dated 12/5/2003, in Suit No. M/166m/2001, in the exercise of the appellate jurisdiction thereof.
The nature and circumstances surrounding the instant appeal are discernible from the record of the lower court, transmitted to this court on, 14/10/03. On 31/5/01, the present two Appellants filed a motion on notice, dated 28/5/01, in the lower court seeking the following reliefs.
1. AN ORDER granting leave to the Applicants to appeal out of time.
2. AN ORDER staying the execution of the judgment of Upper Area Court Magumeri dated 15/2/2001.
3. FURTHER order(s) the Honourable Court may deem fit to make in the circumstance.
The application was supported by affidavit and a further affidavit, dated 01/6/01 and 31/12/03, respectively. A copy of proceedings of trial Upper Area Court Magumeri, was also attached to the affidavit in support thereof. Also contain…