TOBI, JCA.: (Delivering the Leading Judgment): On 25th September, 1997, the respondents, as defendants/applicants filed a motion for stay of execution of a judgment delivered by Keazor, J. As usual, the motion was supported by an affidavit. The appellants, as respondents to the motion, filed a counter-affidavit. The respondents filed a reply to the counter-affidavit. After address of counsel on the motion, the learned trial judge ordered a stay of execution of the judgment A delivered by Keazor, J. Aggrieved, the appellants filed an appeal. Briefs were filed and exchanged. The followingissues were formulated bycounsel for the appellants for determination: “(a) Whether the learned trial judge exercised his direction judicially and judiciously in making the Order for Stay of Execution when he did not see the Record of Proceedings and the judgment delivered by His Learned Brother, Hon. Justice K. Keazor.
Whether the learned trial judge was correct in law when he made an Order for Stay o…