CHRISTOPHER MITCHELL CHUKWUMA-ENEH, J.S.C. (Delivering the Leading Ruling): The Anambra State High Court of Justice in the consolidated suit No.AA/53/75 and AA/11/77 entered judgment against the plaintiffs/appellants/applicants in this matter. In a two pronged reaction to the said decision the applicants herein have appealed the decision to the Court of Appeal Enugu by a Notice of Appeal filed on 18/11/99. They have also sought and obtained unconditionally a stay of execution of the said trial court's decision. The order of stay of execution still subsists. No wonder the case more or less has stood practically still ever since the said order of stay even as the defendants/respondents' effort have failed in the lower court to set it aside.
However, by the instant application dated 22/9/2005 brought pursuant to Order 20(1); Order 3 Rule 1 of the Court of Appeal Rules, Section 16 of the Court of Appeal Act and under the inherent jurisdiction of the court as preserved by Section 6(6) of t…