SUNDAY & ORS V. MBATA & ANOR

RIDWAN MAIWADA ABDULLAHI, J.C.A. (Delivering the Leading Judgment): This is an appeal against the judgment of Honourable Justice Elsie N. Thompson of the High Court of Rivers State of Nigeria delivered on the 4th day of December, 2018, wherein the Respondents were granted all the reliefs sought by them in Suit No. PHC/679/2013 in their Statement of Claim. 

Dissatisfied with the judgment, Appellants appealed against the said judgment and filed Notice of Appeal dated 11/2/2019, same day containing six (6) grounds. Pending the compilation and transmission of Record of Appeal, Appellants filed motion for stay of execution of the judgment subject matter of this appeal dated 13/2/2019 same day, which said motion on notice for stay of execution was vehemently opposed. 

The Honourable Court after hearing both parties found no merit and consequently dismissed the motion on notice for stay of execution on 04/03/2019. The Record of Appeal as compiled and transmitted to the Court of Appeal was ser…