AUGIE, JCA (Delivering the Lead Ruling): The applicant is praying this court for the following-
1. AN ORDER of court setting aside the application for a writ of attachment and writ of attachment issued in Suit No. AK/ 156/97 in respect of the judgment of Honourable Justice B. O. A Adejumo dated 9th October 2001.
2. AN ORDER of the court setting aside and/or invalidating the execution of judgment levied by the respondent in this suit on 11th June 2002 on the ground that the said execution was conducted illegally, unlawfully and/or in flagrant violation of law and calculated to overreach the decision of the Court of Appeal on the motion for stay of execution pending at the Court of Appeal, Benin City.
The grounds of the application are as follows-
(i) The writ of attachment on which the execution is grafted is illegal, unlawful, invalid, incompetent, null, void and unconstitutional.
(ii) The execution was mischievously carried out in flagrant disregard to the pending application for stay…