SALAMI, J .C.A. (Delivering the Leading Judgment): In the High Court of Kaduna State, sitting in Kaduna, the appellant applied under Order 21 rule 3(1) and (2) and Order 36 rule 9 of the Kaduna State High Court (Civil Procedure) Rules, Cap. 68 of the Laws of Kaduna State of Nigeria, 1991, praying for the following reliefs-
"1. Extension of time within which to apply to set aside the judgment of this court dated 28th day of May, 1999, delivered in favour of the plaintiff in default of the defendant's appearance.
2. Setting aside the judgment of this court in this suit, originating summons delivered in default of the defendant's appearance on 28th May, 1999.
3. An order staying further execution of the judgment of this Honourable Court particularly the sale of the defendant's bus Toyota Reg. No. AJ 966 DKA pending the determination of this application.
4. An interim order releasing the afore-described vehicle before or at the hearing of this application."
The learned trial Judge, in …