NIMPAR JCA (Delivering the Lead Judgment): This appeal is against the decision of the Lagos State High Court delivered on 3 November 2009 by Honourable Justice A. O. Opesanwo. Dissatisfied, with the said decision, the appellant filed a notice of appeal on 30 April 2010 and filed same day, setting out 5 grounds of appeal.
The appellant is judgment creditor in the matter at the lower court while the respondent is appellant in a sister appeal No. CA/L/553/2008, against the main judgment delivered on 29 February 2008. The parties before the court below filed several applications which were consolidated for hearing and a ruling delivered dismissing all the applications. The respondent filed an application on 3 March 2008, seeking for an order for stay of execution of the writ of fieri facias dated 22 May 2006 and the order to pay the sum of N84,026,037.67 into an interest yielding account pending the determination of the appeal. The appellant thereafter filed an application on 23 January …