BA'ABA, J.C.A. (Delivering the Lead Ruling): By a motion on Notice dated 8/2/99, and filed in this Court the same day, the Defendant/Appellant, sought for the following relief:-
"An order granting stay of execution of that part of the order of the Honourahle High Court delivered on 27th November, 1998 particularly the order asking the Defendant/Appellant to deposit 2/3 of US$1,800,000.00 or its Naira equivalent into the High Court Registry within two days pending the hearing and determination of the appeal against the ruling and order to the Court of Appeal." When this motion was served on the plaintiff/respondent/respondent, before the date fixed for the hearing of the motion, the plaintiff/respondent/respondent, filed a notice of preliminary objection to the hearing of the motion on notice. The preliminary objection was dated 22/2/99 and filed in this Court on the same date. The objection reads:
"TAKE NOTICE that this Honourable Appellate Court will be moved on ... the ... day of ..…