The defendants, who are the respondents in this court, had, in the Mid-Western State (now Bendel) High Court, before Obaseki, J. (as he then was), sitting at Benin City, pleaded liable to a claim of £3,079:19:10 (N6,160) by the plaintiff (appellant in this court), being overdraft granted to them by the plaintiff/appellant.

Originally, there were three defendants. Mrs. Okpaise, who was one of the de-fendants, died and the action against her was struck out, after it had been withdrawn by the Plaintiff. The court then gave judgment against the present two defendants/respondents for the amount claimed. Thereafter, the defendants/respondents filed an application to pay the judgment debt by installments of £10 (N20) per month, that is, each of them was to pay N10 per month. The learned trial Judge having considered the affidavits filed by the defendants/respondents, the counter affidavit filed on behalf of the plaintiff/appellant and the evidence of one of the defendants/respondents, Mrs. Bernice Kerry, stayed the execution of the judgment “so long as the defendants pay the judgment debt and costs by instalments at the rate of £10 (N20) per month.”

The plaintiff who is dissatisfied with this decision, has now appealed to this court