ONWOCHEI ODOGWU V. OTEMEOKU ODOGWU

A. G. KARIBI-WHYTE, JSC (Delivering the Leading Ruling): The application before us is seeking a stay of execution of a stay of execution. Onwochei Odogwu, the applicant is seeking an order for a stay of execution of the order made by the Court of Appeal, Lagos on the 20th June, 1991, pending the hearing and determination of the appeal lodged to the Supreme Court against the said Order. He is also asking for such other orders as this court may deem fit to make in the circumstances.

The nature of this application and the order to be made cannot be properly understood, unless and until the facts which have given rise to it are correctly stated. For this purpose the affidavit in support of this application dated 26th November, 1991, the affidavit of the Respondent in support of an application for accelerated hearing dated 4th December, 1991, counter affidavit of the Respondent in support of an application for a preliminary objection to the present application, dated 4th December, 1991, p…