SAULAWA JCA (Delivering the Lead Ruling): It is instructive that the present appellant/applicant had on 29 February 2008 filed a motion on notice against the respondents, seeking the following relief: An order that execution of the judgment in the consolidated suit Nos.
PHC/527/92 and PHC/587/93: Chief Stephen Odota and 5 Ors. v. Isaac Akparara Umejuru, delivered by the Hon. Justice D. W. Okocha of the Port Harcourt High Court be stayed pending the determination of the appeal. The application in question was predicated on the following grounds:
This application is as a result of the refusal of a similar application by the trial High Court. 2. It is in interest of justice to stay the execution of the judgment of the lower court pending the determination of the appeal by this court. The granting of the stay of execution of the judgment of the lower court will prevent the Court of Appeal from being faced with a fait accompli. The grounds of appeal contain substantial points of law to b…