MUHAMMAD JCA (Delivering the Lead Ruling): This is a motion on notice brought pursuant to Order 3, rule 4(1) and (2) of the Court of Appeal Rules where the applicant is praying for the following orders: “1. Extension of time for leave to appeal.
Leave to appeal; and extension of time within which to appeal against the judgment of Hon. Justice D. E. Hayble of the Benin High Court delivered on 07/03/2002.
Stay of execution of the judgment pending the determination of the appeal.
And for such further order(s) as this honourable court may deem fit to make in the circumstances of this case.” The application is supported by a twelve paragraph affidavit to which is attached two exhibits - exhibits A and B. The 1st and 2nd respondents opposed the application and filed a counter-affidavit of twelve paragraphs. Parties were ordered to file written submissions which they did. The applicant formulated two issues for the determination of the application. They are: “1. Whether or not the three praye…