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JAURO JCA (Delivering the Lead Ruling): The applicant herein brought this application by a motion on notice dated and filed on 28 October 2008, praying this court for the following orders: “1. An order for the stay of execution of the judgment of Hon. Justice Abdullahi Mustapha of the Federal High Court, holden at Lagos delivered on 20 December 2006 pending the determination of the appeal therefrom; and for such further order or orders as the honourable court may deem fit to make in the circumstances.” The application was brought pursuant to Order 7, rules 1 and 3 of the Court of Appeal Rules, 2007 and the inherent jurisdiction of the honourable court.
In moving the application, S.B. Joseph (Jnr.) Esq. for the applicant stated that the application is supported by an affidavit of 23 paragraphs and a further affidavit of 9 paragraphs along with exhibits attached to the affidavits. Learned counsel placed reliance on paragraph 20 of the affidavit as having disclosed a special circumstanc…