ABDULLAHI JCA (Delivering the Lead Ruling): By its application on notice dated and filed on the 9th day of August, 2006 brought before this court, applicant is praying for the following orders: “(a) An order allowing the defendant/appellant to file and serve the application for stay of execution out of time.
An order of this honourable court staying the execution of the judgment of Ekiti State High Court sitting at Ikere- Ekiti and presided over by Hon. Justice J. O. Adeyeye dated 22nd May, 2006 in this suit pending the determination of the appeal.
And for such order or further order(s) as this honourable court may deem fit to make in the circumstance of this case.”
The application is supported by a 16 paragraph affidavit. Attached to this affidavit are five exhibits (A - F). Exhibit A is the ruling of the lower in which judgment was given to the respondent; exhibitis the ruling of the lower court refusing the application for stay of execution; exhibitsandare the notice of appeal and t…