OBADINA, J.C.A. (Delivering the Leading Judgment): This is an appeal, against the decision of the Benue State High Court, sitting at Makurdi, as contained in the ruling of Puusu, J. dated 12th of June, 1998.
The appellant was the plaintiff, while the 1st and 2nd respondents were the defendants at the trial court. On 12th day of February, 1998, the trial court entered judgment in the sum of N2,051,308.44 (Two Million, fifty one thousand, three hundred and eighty Naira, forty-four Kobo) in favour of the plaintiff/appellant, against the defendants/respondents, jointly and severally.
By a motion No. MHC/83m/98, dated the 27th day of February, 1998, and filed on 2nd March, 1998, the 1st defendant/respondent applied to the trial court, for an order staying the execution of the judgment. The motion came up for argument on the 18th of March, 1998. It was argued by the parties and adjourned to 24th of April, 1998, for ruling.
Before the date of the ruling, precisely on the 1st of April, 1998, …