ZABOLEY INTERNATIONAL LTD. V. OYE OM OGBEIN DIYA FATIM EHIN & CO.

ADAMU JCA (Delivering the Lead Ruling): By its application dated and filed on 19/3/98, the appellant/applicant prayed for the following reliefs: “(i) An order of court staying the execution of the judgment delivered in this suit by the Hon. Justice M. A. Olugbani sitting at Lagos High Court No. 8 on Monday the 25th of November, 1997 pending the hearing and determination of the appeal filed against the said judgment.

(ii) Such further or other orders as this honourable court may deem fit to make in the circumstances.”

The application which was brought pursuant to Order 3, rules 1-3 of the Court of Appeal Rules, 1976 and section 6(6) of the 1979 Constitution (as amended) is supported by a supporting affidavit of 48 paragraphs with 12 exhibits and a further and better affidavit of 23 paragraphs and 6 exhibits sworn to on 2/6/98. The learned counsel for the appellant/applicant (hereinafter called “the applicant”) relied on all the paragraphs and annextures in the two affidavits in arguing…