VICTOR AIMEPOMO OYELEYE OMAGE, J.C.A.(Delivering the Lead Ruling): In this application the applicant judgment debtor seeks an order of court to set aside the order to execute the property of the judgment debtor under the judgment of court delivered, on 21st December, 2005 in the High Court of Rivers State Coram P.N.C. Agumagu J. The applicant also seeks an order of this court to set aside the attachment of the applicants' listed chattel property made consequent upon the execution. Applicant deposed that the execution was made on 20th February, 2006 and six of the applicants' vehicles were attached.
In the affidavit in support of the motion filed on 21st February, 2006 the applicants deposed that the execution on the property was carried out while a motion is pending in the Court of Appeal, in which he sought an order of court for a stay of execution of the judgment of the court delivered on 21st December, 2005.
Applicant deposed that upon the said application of 15th February, 2006 he…