NZEAKO, JCA: (Delivering the Lead Ruling) The Applicant is the Appellant in an appeal pending in this court. He filed this motion on the 17th of January, 1996, praying for an order for stay of execution of the Ruling delivered on 16/1/96 by the Lagos High Court, presided over by Martins J., pending the determination of the appeal. The application is supported by an affidavit of 13 paragraphs, a further and better affidavit filed on 11/12/96 and a second further and better affidavit of 17/6/97. The Respondent who was the Plaintiff in the court below also filed a counter-affidavit on 21/3/97. Relevant paragraphs of the Applicant’s affidavit in support are as follows:- “2. That on the 16th of March, 1994, my house at No. 25, Femi A Adebule Street, Bajulaiye, Shomolu, Lagos was raided by court officials with the intension to effect execution of judgment delivered by the lower court in this suit.
That at the material time I had travelled out of Lagos on a business trip to the Eastern part…