IBIYEYE, JCA (Delivering the Lead Ruling): The applicants filed a motion on notice dated 22nd of January, 2003 seeking the following relief: “An order for stay of execution of the order of the Honourable trial Court contained in a ruling of 11th June, 2002 to wit: attachment and sale of the property at plot 64, Lahan Binuyo Odanole Family Layout, Felele Layout, Ibadan pending the hearing of the appeal filed against the said ruling”.
The application is supported by series of affidavits, namely affidavit, A further affidavit and further and better affidavit. Documents such as exhibit A (an order of installment payment with receipt evidencing such payment), exhibit(a copy of the motion on notice); exhibit(a letter received from the firm of Agbaje, Agbaje and Co., being the solicitors to the respondent); exhibit(a reply to the letter written by the respondent’s solicitors), exhibit and E1 being the notice of appeal and the receipt thereof) exhibit(being the certified true copy of judgmen…