MUHAMMAD, JCA (Delivering the Lead Ruling): In a motion on notice, the applicants prayed for the following reliefs: “(i) An order varying the order of High Court of Justice No. 4 Wuse, Abuja dated 12th December 2003 refusing the applicant’s prayer for an unconditional stay of execution of suit No. FCT/HC/CV/631/99.
(ii) An order granting the applicant an unconditional stay of execution of the judgment in suit No. FCT/HC/CV/63l/99. AND for such order or other orders as this honourable court may deem fit to make in the circumstance.”
While moving the motion, Mr. Ediale for the applicant, sought to abandon relief (1) of the motion on notice. He then proceeded to move the court on relief (ii). He stated that the application was supported by a 6 paragraph affidavit sworn to by one J. Adaghe, a legal practitioner in the applicant’s counsel’s law firm. He referred to and relied on a further affidavit dated and filed on 24/3/03. It was sworn to by one Mr. Eshanomi, a legal practitioner in the…