On the 2nd of August 1996 the Plaintiff, who is Appellant herein, obtained judgment against the Defendants who are Respondents herein for the sum of N 106,000.00 with interest at the rate of 2% until the final liquidation of the judgment debt. The Respondents appealed and while the appeal was pending, filed a motion for stay of execution at the High Court. On the 10/2/ 98 the stay sought therein was refused. They brought another application for stay at the Court of Appeal. And on the 2/2/99 by consent of both parties a conditional stay of execution was granted whereby the Respondents were ordered to deposit the sum of N106,000.00 in an interest yielding account at the First Bank of Nigeria Plc, Bank Road Branch, Ibadan in the name of the Deputy Chief Registrar of the Court of Appeal Ibadan with 45 days of the grant of the said order.

On the 17/3/99 before the expiration of the 45 days, the Respondents herein filed another application for variation of the stay earlier granted. By its ruling on the 15/7/99 the Court below refused the variation sought. In the said ruling, the Court stated in unequivocal terms that the 45 days within which to comply with its order of the 2/2/99 had not lapsed since the application for variation filed on the 17/3/99 was less than 45 days. On that same 15/7/99, the Respondent’s herein deposited the said sum of N106,000.00 in compliance of the Court's Order. This was evidenced in Exhibits "C" and “D" attached to the affidavit in support of the motion.

However, on the 16/7/99 the Appellant applied to the High Court of Oyo State for the issuance of a writ of execution for the attachment and sale of the movable properties of the Respondents and same was issued. On the 21/7/99 the Respondent’s car was attached by officials of the High Court pursuant to the writ earlier issued. Representations showing evidence of the deposit of the sum of N106,000.00 in the bank in the name of the Deputy Chief Registrar of the Court of Appeal were made to the then

Chief Judge of Oyo State on whose intervention the car was released to the 1st Respondent. Following this release of the car, application for committal was made to the High Court which accordingly convicted the 1st Respondent and the Sheriff of the High Court for contempt.