ADAMU JCA (Delivering the Lead Ruling): By a motion on notice dated and filed on 10 March 2008, the appellant/applicant (hereinafter called “the applicant”) sought from this court, the following orders (or relief): “1. An order staying the execution of the judgment of the High Court of Lagos State delivered by Hon. Justice A. J. Coker (Mrs.) (sic) on 16 November 2007 in suit No. LD/945/2007 pending the determination of the appeal filed by the appellant/ applicant.
An order setting aside the purported execution of the said judgment of Hon. Justice A. J. Coker (Mrs.) (sic) on 17 December 2007. And for such order or further orders as this honourable court may deem fit to make in the circumstance”
The grounds for the above relief are stated in the motion paper as follows:
“(i) There is the need to preserve the res pending the determination of the appeal filed by the appellant/applicant.
) There are serious, recondite and substantial issues of law raised by the grounds of appeal.
) The purp…