ADEMOLA, C.J.N (Delivering the Judgment of the Court)
The applicant in this case has moved this Court praying for a stay of execution of a judgment obtained against him in the High Court of Western Nigeria until his appeal pending before this Court is determined. Previously, the applicant sought for and obtained an order in the High Court, Western Nigeria, at Ikeja, a stay, granted on conditions as follows:
IT IS HEREBY ORDERED that stay of execution be and is hereby granted on the following conditions:
“(1) The applicant shall pay to the respondent on or before the 15th day of November, 1963 the damages and costs awarded against him in this case.
(2) The respondent shall give an undertaking to return the said amount if the appeal is successful.
(3) The applicant shall pay into Court on or before the 10th day of October, 1963 and on or before the 10th day of each succeeding month until the determination of the said appeal all rents collected by him on the building erected on the land in di…