BADA, J.C.A. (Delivering the Lead Ruling): By an application dated the 16th day of June 2006 which was filed on the 19th day of June 2006, the 1st defendant/appellant/applicant prayed for the following relief:
"An order staying the execution of the ruling or suspending the operation/legal effect of the order of interlocutory injunction delivered on the 12/4/2006 by Honourable Justice J.C. Nwadi sitting in court No.4, High Court, Onitsha, Anambra State, Nigeria in suit No. 0/109/2005 Chief A.C.E. Mbanefo v. Igwe N.A.U. Achebe and Another, pending the hearing and determination of:
(i) The motion for stay of proceedings filed in this court on the 15/3/2006
Or Alternatively
(ii) The appeal dated 25th day of April 2006 and filed at the lower court on the same day which was received at the Court of Appeal on the 16th day of June 2006."
The grounds for the relief sought are as follows:
(i) Following a ruling in suit No.O/109/2005 on the 21/7/2005 by Honourable Justice Nwadi the 1st defendant…