A ADAMU JCA (Delivering the Lead Judgment): By a motion on notice dated 25/9/03 and filed on 22/10/03, the appellants/applicants (hereinafter called “the applicants”) applied to this court for the following relief:
“An order staying further proceeding in this matter at the lower court pending the determination of the appeal filed against the ruling of this (sic) Honourable Court delivered on 1st March, 2002.”
The motion on notice is supported by a 19 paragraph affidavit. Also attached to the said motion is the notice of appeal against the decision of the lower court dated 13/3/02 and marked as Exhibit ‘A’ to the supporting affidavit. Two further affidavits were also filed respectively on 23/1/04 and 23/3/04. Both further affidavits contain the two rulings of the lower court dated respectively on 1/3/02 and 25/9/03. The first one is the ruling appealed against while the second one is the one in which the lower court refused the applicants’ earlier application for stay of proceedings. O…