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ITA GEORGE MBABA, J.C.A. (Delivering the Lead Ruling): Appellants/Applicants filed a motion on 25/8/2017, seeking:
An Order of this Court staying the execution of the judgment of his Lordship, L.C. Azuama J., of the High Court of Imo State, sitting in Orlu and delivered on the 13th of May, 2017, pending the hearing and determination of this appeal.
OR, IN THE ALTERNATIVE
(2) An Order of this Court, restraining the two sets of Respondents from taking any steps (or any further steps) in implementing the orders contained in the said judgment of his Lordship, L.C. Azuama, pending the hearing and determination of this appeal.
And for such Further or Other Orders
The motion was supported by an affidavit of 29 paragraphs and Exhibits (1 to 4) as well as a written address. The grounds for which the motion was predicated (which also agreed with the supporting affidavit) were:
(1) This is an Ezeship matter. The 3rd applicant had been presented and recognized as the Eze (or Traditional Ruler) of his Community by the State Governor of Imo State, the 2nd Respondent in this matter.
(2) Dissatisfied with this, the 1st Respondent went to the High Court of Imo State sitting at Orlu and commenced this action.
(3) In his judgment, the Learned Trial Judge set aside the presentation and recognition of the 3rd Applicant and instead, granted all the Reliefs of the 1st Respondent, including making Orders for his presentation and recognition as Eze by the 2nd Respondent.
(4) Dissatisfied with the judgment, the Applicants have appealed to this Court by their Notice of Appeal filed in the Registry of the Court below on the 29th March, 2017, and thereafter, filed their Motion on Notice for stay/or Injunction on 10th day of April, 2017.
(5) In his ruling delivered on the 26th day of July, 2017, the Learned Trial Judge dismissed the said motion, thus necessitating the filing of this application before this Court.
