BENEDICT UDEORAH & ORS V. OKWUNDU NWAKONOBI & ORS

FABIYI, J.C.A.: (Delivering the Lead Ruling): Vide the motion on notice dated 5-3-99 and filed on 11-3-99, the applicants prayed for:-

"1. AN ORDER for leave of this honourable court to substitute, (1) Oguno Isiuzo (2) Nwoye Onyemutagui (3) Nwankwo Adigwe (4) Obiora Iloka for the 2nd, 3rd, 4th and 5th Defendants/Appellants as representatives of the people of Osile Ogbunike in this appeal.

2. AN ORDER for stay of execution of the judgment of the High Court of Otuocha delivered by the Honourable Justice P. I. Amaizu (as he then was) on the 25th day of September, 1998."

The application was supported by a 15 paragraph affidavit deposed to by Mrs Genevieve Peter-Okoye, learned counsel for the applicants. A copy of the judgment of the Trial court, which was not duly certified, is Exhibit 'A'. Amended notice of appeal with amended grounds of appeal is Exhibit -B". A counter-affidavit of 12 paragraphs, deposed to by Mr. P.C. Ikebuase, a legal practitioner in the chambers of G. E. Ezeuko, Esq…