The respondent instituted an action against the appellant at the Enugu State High Court and obtained judgment in the sum of N8,000,000 (Eight Million Naira) as general damages and costs of N10,000 (Ten Thousand Naira). The appellant being dissatisfied with the decision of the trial court appealed to the Court of Appeal and also filed a motion for stay of execution of judgment before the trial court.
The trial court granted the stay of execution but ordered that the judgment debt and costs be paid into an interest yielding account in the name of the Assistant Chief Registrar, High Court of Enugu pending the final determination of the appeal after which the money and interest will be collected by the successful party.
Dissatisfied with this ruling, the appellant appealed to the Court of Appeal. The court dismissed the appeal. Further dissatisfied, the appellant appealed to the Supreme Court