ADAMU, JCA (Delivering the Lead Ruling): By a motion on notice filed on 24th March, 2001, the appellant/applicant prayed for the following orders):-
“An order staying the execution of the judgment delivered in this suit by the High Court of Justice, Ibadan on the 22nd day of July, 1999 pending the determination of the appeal lodged against the judgment. And for such further order or orders as this Honourable Court may deem fit to make in the circumstances.”
The motion was moved by Chief A. Olujinmi (SAN) as the learned counsel for the appellant/applicant when it was heard by this court on 4/4/ 2001. The learned SAN pointed out that the motion was supported by a 35- paragraph affidavit sworn to by the applicant’s son Mr. Raymond Ola and also by further affidavits in support numbered 1 - 15 sworn to by the tenants of the applicant upon which the applicant relies. Exhibits A which is the judgment of the lower court; and B - the notice of appeal are also attached to the motion paper. Th…