ISTIFANUS THOMAS, J.C.A. (Delivering the Leading Ruling): The applicants filed on 11-07-2001 a motion on notice praying this court for leave to appeal as persons having interest in the judgment made by Denton West as he then was. The judgment was delivered on 24-03-1997. The other reliefs sought by the applicants is for a stay of execution of the judgment delivered in 1997, thus over a period of 10 years. The last relief is to deem that all processes filed in this court and in the court below were properly filed and served for themselves as representatives of Ohaeri family.
The application is supported by a forty one (41) affidavit evidence and also a further affidavit containing 21 paragraphs which was filed on 18th January, 2008.
At this stage, it is to be noted as averred by the 1st applicant is that, the present applicants were not parties in suit No. PHC/75/1994 at the lower court presided by the trial judge, Denton-West. When this application was served on the respondent, the 1…