KOSOFE LOCAL GOVERNMENT
V.
DEMUREN
·
GALADIMA, J.C.A. (Delivering the Leading Ruling): This is a motion on notice, brought by the appellant pursuant to Order 3 rules 3 (1) (3) and (4) of the Court of Appeal Rules, 1981, praying the court for the following reliefs:
1. An order extending the time, within which to apply for the stay of execution of the ruling, dated 25th April, 2001.
2. An order staying the execution of the ruling dated 20th April, 2001, pending the determination of the appeal filed by the appellant/applicant.
3. And for such further order or orders as this Honourable Court, may deem fit to make in the circumstances of this case.
The application is supported by a 20 paragraph affidavit. On 2/5/2002, applicant filed further affidavit containing 15 paragraphs.
The respondent filed counter-affidavit of 15 paragraphs in opposition to the application. Applicant attached a number of documents, which are marked exhibits' A', 'A1' , and 'B', being the notice of appeal, treasury receipt, and the ruling of the lower …