SALIFU vs. MAHAMA AND OTHER

JUDGMENT OF BENIN J. This is an application for a stay of execution pending appeal. The original suit was instituted by the plaintiff-respondents herein to recover from the defendant-applicant herein damages in a running down action. Judgment was entered for the respondents to recover various sums of money from the applicant on 26 August 1988. An appeal has since been lodged against the said judgment. Subsequently, this application was put in by the applicant to stay execution pending the appeal. The grounds for the application are stated in the relevant portions of the affidavit in support as follows: “9. That I am advised by counsel and verily believe the same to be true that the appeal has a very good chance of success and the judgment itself will be reversed by the Court of Appeal or the damages and costs will be reduced considerably . . . 12. The plaintiffs who have no visible means will not be able to refund the amounts should the appeal succeed. 13. That if execution . ......