MUHAMMAD, J.C.A. (Delivering the Leading Ruling): The respondent herein was the plaintiff at the lower court. His claim against the applicants, at the Plateau State High Court holden at Jos jointly and severally was for the sum of N131,0417 being the outstanding balance due from the 1st applicant. The 2nd applicant guaranteed to pay the said sum upon default by the 1st applicant on 12th day of December, 1996, the trial Judge Naron J. entered judgment in favour of the respondent.
The applicants were not satisfied with this decision, they therefore appealed to this court. They then applied to the trial court for stay of execution of its judgment. The application was refused by the lower court. The applicants then brought a motion on notice to this court asking for the following order:
"An Order for stay of execution of the judgment of the lower court in suit No. PLD/J79/96 delivered on the 12th day of December, 1996 pending the final determination of the applicants' appeal".
Moving the…