OGBUAGU JSC (Delivering the Lead Judgment): This is an appeal against the ruling of the Court of Appeal, Lagos Division delivered on 14th May, 2001. The appellant had applied to that court (hereinafter called “the court below”), for a stay of execution of the judgment of the trial court delivered on 4th March, 1999 in suit No. 1J/1902/97. The court below after considering the affidavit in support of the application and that in opposition, granted the application, but conditionally. It is against the said grant/decision that the appellant has appealed to this court on two (2) grounds of appeal which read thus:
“(1) The lower court erred in law when it held that the decision of the Supreme Court in the case of Mohammed v. Olawumi (1993) 4 NWLR (Pt. 287) 254 at 281 is inapplicable herein.
Particulars of Error
(i) In Mohammed v. Olawumi (supra), the Supreme Court held that where the High Court proceeds with a case in defiance of an application for stay of proceedings pending in the…