IGE, J.C.A. (Delivering the Leading Ruling): The applicant in this case has brought a motion asking for a court order for stay of execution of the orders of the lower court delivered on 5th August 1999 pending the determination of the appeallodged against the said Ruling. Applicant filed an affidavit of 12 paragraphs in support of his application. The respondent on his part filed a counter/affidavit of 36 paragraphs and attached several exhibits marked A-U. Applicant also filed a Reply affidavit of 10 paragraphs in answer to the counter/affidavit. Counsel for the applicant has argued that if a stay of the orders of the lower court is not granted the goods with the containers will be sold and the Res would have been destroyed. He referred to the cases of Ajomale v. Yaduat II (1991) 5 NWLR (Pt. 191) and Doma v. Ogiri (1997) 1 NWLR (Pt.481) 322.
Counsel for the 1st, 2nd and 5th respondents opposed the application for stay. He filed a 36 paragraphed counter/affidavit to which he attached s…