ASUNKE vs. JAJA AND ANOTHER

On 29 April 1968, the plaintiff obtained judgment against the defendants in a running-down action and was awarded damages of N¢5,684.00 together with N¢350.00 costs. The defendants have appealed against the judgment, and on 14 May 1968, the court on the application of the first defendant granted a stay of execution as to the sum of N¢2,250.00 only. The State Insurance Corporation, the insurers of the first defendant's vehicle, after the judgment entered into negotiations for settlement, and it was agreed that the sum of N¢3,350.00 should be paid by them to the plaintiff in full settlement of the judgment debt and costs. The payment of the settled sum would be in further consideration of the abandoning of the appeal filed by the defendants. The settled figure of N¢3,350.00 has not been paid, and in the meantime the plaintiff, relying on her judgment, proceeded to execution in respect of the amount which was not affected by the stay of execution granted on 14 May 1968. The fi...