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OGUNWUMIJU JCA (Delivering the Lead Ruling): This is an application for stay of execution of the judgment of Hon. Justice J.O. Adeyeye sitting at Ikere-Ekiti High Court delivered on 30th March, 2006, pending the determination of the appeal in this court. The learned trial Judge had entered judgment in favour of the plaintiff, ordered thedefendant to pay N100,000.00 as general damages, and granted an order of perpetual injunction restraining the defendant from further trespass on the land in dispute. This application is brought pursuant to Order 3, rule 3(1) (2) and (3) of the Court of Appeal Rules, 2002. It is supported by a 16 paragraph affidavit to which was attached the judgment of the lower court, exhibit A, the notice of appeal against the judgment which was filed on 31/5/06 exhibit B, and the ruling of the lower court dated 26th September, 2006, exhibit C.
A further and better affidavit of 12 paragraphs was filed to which were attached exhibits FA1, FA2 and FA3 - copies of the …