GALADIMA, JCA (Delivering the Lead Ruling): This is an application by the appellant praying for the following order:- “(a) An order granting stay of execution of the judgment of the lower court delivered on the 16th day of February, 1995, pending the hearing and determination of appeal therein.” The applicant filed in support of the application an affidavit of 9 paragraphs to which the judgment of the lower court, Exhibit “A” and notice of appeal, Exhibit “B” were annexed.
In paragraphs 3 to 7 of the affidavit in support of the application, it was deposed thus:-
“3. That the judgment of the lower court was delivered on the 16th day of February, 1995. Attached and marked, Exhibit ‘A’ is a copy of the said judgment.
That the detendant/appellant herein filed a notice of appeal on the 5th of May, 1995. The notice of appeal is attached and marked Exhibit B. That the appellant/applicant herein filed an application for stay of execution pending appeal before the lower court which applicatio…