TOBI, J.C.A.: (Delivering the Lead Ruling): This is an application for departure from the rules of this Court and praying the Court for an order "deeming the Record of Appeal compiled and transmitted to the Court as properly compiled, transmitted, filed and served" and also for an order "abridging the time within which briefs can be filed by parties and deeming as properly filed and served the plaintiff/appellant's brief..."
Before learned counsel for the applicant could move the application, learned counsel for the respondent raised a preliminary objection on the following grounds:
"1. No leave of court is given for the appeal, the Judge's order being interlocutory.
2. No leave was given by court to file the appeal outside the time (14 days) limited by the rules of court".
Arguing the preliminary objection, learned counsel for the respondent Mr. Zanda Izundu, submitted that the order of the lower court granting a stay of execution, being of an interlocutory nature, the applicant mus…