Appellant sued respondents claiming several declaratory and consequential Reliefs over a chieftaincy dispute. 4th respondent filed his own cross action, Whereupon both suits were consolidated.

The trial court found in favour of the appellant and granted the declaratory reliefs, As well as the consequential reliefs. The 4th respondent's cross action was dismissed Whereupon he appealed.

As the appeal was pending, the 4th respondent filed an application for a stay of Execution of the judgment at the trial court which was granted. The appellant then Filed this appeal against the order of the stay of execution, contending that the judgment of the trial court, being declaratory in nature cannot be stayed. The 4th respondent on the other hand while conceding that declaratory reliefs are not amenable to an order of stay of execution, argued that the consequential injunctive reliefs that were also awarded clothed the judgment with an executory order, and thus ceased to be a declaratory judgment.