NGWUTA, J.C.A. (Delivering the Lead Ruling): In a motion on notice dated 22/3/2005 and filed on 23/3/2005 and brought pursuant to section 18 of the Court of Appeal Act and section 6(6)B of the 1999 Constitution the appellant/applicant prayed the court for the following reliefs:
"(i) An order of the court staying execution of the judgment that was delivered in this suit by the Akure High Court 8 on January 31st, 2005 pending the determination of the appeal of the appellant against the judgment by the Court of Appeal, Benin.
(ii) An order of this court setting aside the writ of execution that was issued by the Akure High Court 8 and upon which the goods of the appellant were attached by the sheriff of the Akure High Court on March 15th, 2005.
(iii) An order of this court directing the sheriff of the Akure High Court to release the goods of the appellant that were attached on March 15th, 2005 to the appellant."
The application was founded on the following grounds:
"(1) The appellant fi…