Facts:

The appellant filed an application for an order for stay of execution of the judgment of the Honourable Justice Joy Akpughunum of the Port Harcourt High Court delivered on the 17th of January, 2006. The application was supported by a 21 paragraphed affidavit with the notice of Appeal and judgment attached in addition to other papers. The appellant/applicant also filed a 14 paragraph ‘Further Affidavit’ in support. The respondent did not file a counter affidavit to the Appellant/Applicants affidavit and further (and better) affidavit.

It was also the contention of the learned Counsel that the appellant/Applicant would be prepared to deposit the money (i.e. the judgment debt) in Court.

Despite the applications the trial court granted a garnishee order nisi of money held in one Zenith Bank Plc. This prompted the respondent – judgment creditor to contend that the order garnishee nisi meant that High Court has effectively taken possession of the judgment sum.