AUGIE JCA (Delivering the Lead Ruling): The applicant, the defendant in the lower, is praying for-
“An order of this Honourable Court staying execution of the judgment of the Hon. Justice M.I. Edokpayi, sitting at Abudu High Court, Edo State delivered on the 17th day October, 2000 in suit No. HAB/32/96 pending the hearing and determination of the appeal filed on 18th February, 2002 against the judgment”. The application is supported by a 23 paragraph affidavit to which is attached, a certified true copy of the judgment of the lower court as exhibit A, and copies of the notice of appeal filed having obtained leave of this court as exhibits& B1. The applicant also filed a further and better affidavit of 16 paragraphs with 2 annexures - 1. The applicant company annual report and account for the year 2001 (Exhibit AA) and 2. The ruling of the lower court refusing the applicant’s application for stay of execution made before it (Exhibit B).
On the merits of the application, Mr. A. L. Aziki…