MUHAMMAD, J.C.A.(Delivering the leading Ruling): In a motion on notice filed before this court on the 22nd day of March, 1994, under Order 3 rule 4 of the Court of Appeal Rules, 1981, the applicant prays for the following:-
"1. An order enlarging time for the appellant/applicant to perfect the conditions of appeal.
2.An order enlarging time for the appellant/applicant to appeal against the conditions; order of stay of execution of the judgment delivered in this suit on 28th January, 1992.
3.An order varying the conditional order of stay of execution of the said judgment.
The application was supported by a 21 paragraph affidavit and some exhibits.
On the 12th day of May, 1994, the respondent in this application filed a notice of preliminary objection brought under Order 3 rule 15(1) of the Court of Appeal Rules. This preliminary objection was based on the following grounds:-
"1. The judgment of the High Court appealed against was delivered on the 28th of January. 1992:
2. The Notice of Appeal…