GUMEL JCA (Delivering the Lead Judgment): By a motion on notice dated 30 October 2001, the appellant herein, as 2nd defendant/applicant before the lower court, sought for two (2) main reliefs. They are: 1. An order setting aside or discharging the order made on 6 August 2001, for stay of execution of the judgment in suit No. HCO/30/93 pending the determination of the appeal filed against the said judgment by the applicant. 2. An order stopping the respondents from further pursuing the process or course of the execution of the said judgment, pending the determination of the motion for stay of execution on its merit.
This motion was argued on 28 January 2002 and ruling reserved for 25 February 2002. In its ruling, the lower court refused this application and struck out same. T he appellant was dissatisfied with this ruling and appealed to this court by way of a notice of appeal dated 7 March 2002. The appeal is predicated on two (2) grounds. The appellant filed its brief of argument on…