G. B. A. COKER, J.S.C (Delivering the Leading Judgment): The present applicant was the plaintiff in an action instituted by him against the respondents, who are the defendants in the court below, and against whom the plaintiff claimed a declaration of title to land "situate near Oguta Road" recovery of possession, damages for trespass and a perpetual injunction.
The action was tried by Kaine, J., in the High Court, Onitsha (East-Central State) and on the 4th November, 1966, the learned trial Judge gave judgment therein in favour of the plaintiff against the defendants on all the items of claims but with a reduced amount of damages. The defendants, apparently aggrieved at the decision, filed a Notice of Appeal to this court and thereafter applied to the court below for an order for a stay of execution of the judgment against them. The learned trial Judge who heard the application for a stay of execution, ordered on the application as follows:-
"Order as prayed. I also order that the de…