BULKACHUWA JCA (Delivering the Lead Ruling): In an application filed before this court on the 14th June,2005, the appellants/applicants prayed for the following reliefs; “1. An order staying execution of the ruling and order made by the honourable High Court of Ondo State, Akure Division in suit No. AK/197/2002 on 16th February, 2005, pending the determination of this appeal. 2. An order staying the proceedings of the honourable High Court of Ondo State,Akure Division in suit No.AK/197/2002 pending the hearing of this appeal. And for such further or other orders that this honourable court may deem fit to make in the circumstances.”
The application is supported by an affidavit of 32 paragraphs and five annextures. The three respondents were duly served with the application and a hearing notice against the date the application was to be heard, none of them however, filed a counter-affidavit to the motion or appeared in court the day the motion was heard. The court, on being satisfied t…