BA'ABA, J.C.A. (Delivering the Lead Ruling): This is a motion on notice dated 28th day of February, 2005, and filed in this court same day, the appellants/applicants whose appeal is pending in this court sought for the following orders:
"An order staying proceedings in suit No. KDH/KAD/398/2003 pending before Hon. Justice Balogun of the Kaduna High Court, pending the determination of an appeal filed on 7/5/2004 by the applicants at the Court of Appeal, Kaduna Division, against the ruling of the said Justice Balogun in suit No. KDH/KAD/398/2003 on 6/5/04."
And for such other order/orders as the court may deem fit and just to make in the circumstances of this application."
The motion was supported by a 4 paragraph affidavit and also a 4 paragraph further affidavit.
The most relevant of these paragraphs as far as the application is concerned are paragraphs 3 of the supporting affidavit and 3(a) and (b) of the further affidavit in which it was averred on behalf of 8 the applicants as foll…