A. FATAYI-WILLIAMS, J.S.C. (Delivering the Leading Ruling): This is an application for leave to appeal from the decision of the Federal Court of Appeal refusing to order a stay of execution of the order of the High Court of Lagos State made on 5th July, 1978, that the defendant/appellant should return the two passports of the plaintiff/respondent to him within three days from the date of the said order. The High Court had earlier, on 31st August, 1978, to be precise, refused an application for a stay of execution of the same order. In refusing the application for stay, the learned trial Judge observed:-
"Although Superintendent of Police Alfred Sadeh, who I shall refer to hereafter as the '3rd deponent', did not disclose what offence or offences he is now investigating against the respondent, he must have known since he came into this matter that part of the plaintiff/respondent's claim was the return to the respondent, of the latter's passports which were said to have been seized on …