ADEKEYE, J.C.A. (Delivering the Lead Ruling): In the suit No. E/702/2003, the plaintiff, now judgment creditor/respondent in this application instituted an action on the undefended list claiming the sum of $10,000 dollars or N 1, 350,000 from the defendant - now judgment debtor/applicant, which the latter failed to pay to the former's foreign suppliers in China-Maxwell China Limited and 25% interest per annum until the sum is recovered. The trial court gave judgment in favour of the plaintiff/respondent on 16/2/04. The applicant before this court filed a motion before the trial court on 22/4/04 praying the court for an order staying execution of the judgment of the court pending the determination of the appeal filed by the applicant. In a considered ruling delivered on the 16/6/04 the lower court refused to grant the application for stay of execution of the judgment.
By virtue of Order 3 rule 3(3) of the Court of Appeal Rules, 2002 the applicant, filed a motion before this court on th…