I. L. KUTIGI, J.S.C (Delivering the Leading Judgment): The facts will be stated briefly. Judgment was entered in favour of the plaintiff against the defendants in the sum N7,949,273.00 and N84,710.00 with interest by the Benin High Court. The defendants without delay filed a notice of appeal simultaneously with a motion for stay of execution. The plaintiff was never served. Meanwhile the plaintiff levied execution by selling some of the defendants' mortgaged properties. On becoming aware of the development, the defendants applied to the High Court to set aside the execution. The application was granted and the execution was set aside.
Dissatisfied with the ruling setting aside the execution, the plaintiff appealed to the Court of Appeal which allowed the appeal and dismissed defendants' application to set aside the execution. The defendants have now appealed to this court against the decision of the Court of Appeal.
The defendants/appellants on page 2, paragraph 1.4 of their brief of…