ARCH DANIEL OBARO V. DANTATA & SAWOE CONSTRUCTION COMPANY LTD.

SALAMI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the reserved and considered ruling of Bage, J., delivered on 19th October, 1995 granting an order for a conditional stay of execution of the judgment delivered on 20th July, 1995 ill the Federal Capital Territory High Court. The appellant herein who was incidentally the plaintiff in the court below per his final amended statement of claim claimed against the respondent herein a total sum of N417,500.00 being special and general damages arising from negligence of the respondent. After hearing of the case, the learned trial Judge awarded to appellant a sum of N165,000.00 as special and general damages together with costs assessed at N2,000.00. The respondent herein being unhappy with the judgment filed a notice and grounds of appeal against the decision on 24th July, 1995. On the same day, he filed a motion on notice praying for stay of execution of the judgment which application was argued or canvassed on 14th …