OMOKRI JCA (Delivering the Lead Ruling): By a motion on notice dated the 21/4/06 and filed the same day, the applicants are praying for:
“An order of this honourable court varying the terms of the order for stay of execution granted by the High Court of Akwa Ibom State in this matter specifically by lifting the requirement for the provision of the bank guarantee imposed by the lower court.”
The application which is brought pursuant to Order 3, rule 23(1) and (2) of the Court of Appeal Rules, 2002 is supported by a 7-paragraph affidavit and one exhibit, marked exhibit M1, which is the ruling of the trial court and in opposition, respondent filed a counter-affidavit of 7 paragraphs and two exhibits marked UDA1 which is the respondent’s counter-affidavit at the trial court and UDA2, the respondent’s written reply opposing the applicant’s application motion for stay of execution.
The respondent who was the plaintiff at the court below sued the applicants before the High Court at Eket claimi…