AGUBE JCA (Delivering the Lead Ruling): This is an application brought by the appellants/applicants pursuant to Order 7, rule 3 of the Court of Appeal Rules, 2007, praying for an order of injunction and/or stay of execution of the judgment of the lower court delivered by Hon. Justice C.I. Akintayo of the Ekiti State High Court on 14 May 2007 pending the determination of the appeal lodged by the appellants/applicants in this court. The grounds for application are stated in the motion paper as follows:
(1) That a similar application was argued before the lower court but same was refused on 14 May 2008 and;
(2) That this application is to maintain the status quo ante pending appeal.
In support of the application, one Nzeh David deposed to an affidavit of thirteen (13) paragraphs on behalf of the applicants. A further affidavit to which the judgment and ruling of the lower court marked exhibits “A” and “B” were annexed, was filed on 3 November 2008. The appellants/applicants further file…