OLAGUNJU, JCA (Delivering the Lead Ruling): By a notice filed on 3/4/2000 learned counsel for the judgment creditor/respondent raised a preliminary objection to the entertainment by this court of the application by the judgment debtor/appellant filed on 29/1/2000 for variation of conditions for stay of execution of the judgment delivered by Ugwu, C.J., of the Enugu State High Court on 11/10/99 ‘on terms fairer and better than that imposed by the lower court’. The ground of objection is that this court lacks jurisdiction to hear the application which is calculated to interrupt the process of execution of judgment that had been set in motion by the judgment creditor before the application for stay by this court was served on her.
The objection to the application and the rejoinder to the objection were supported by a plethora of affidavits and counter-affidavits; in all numbering 8 with 4 filed by each side on diverse dates - by the respondent/ objector, on 3/4/2000, 2/6/2000, 6/10/2000…