This is an application for a stay of execution of the judgment of the Court of Appeal which had affirmed an earlier decision of the High Court, Benin City delivered in January, 1990 pending the determination of the applicant's appeal to the Supreme Court.

The Applicant claimed to have built two houses on the land in dispute and had held possession for thirteen the High Courts decision which granted the disputed land to the respondent. She contended that the rental income which was generated by the property was used to pay off the loan she obtained to build the houses. She urged that a stay of execution of judgement be granted.

Respondent argued that after the judgment on 16/4/93, she and her people went to the Land in question on 18th April 1993 with a view to taking over possession but were confronted by the applicant using armed thugs and were therefore driven out of the premises. The respondent then went to report at the nearest Police Station at Edo Textile Mill Road where she was told that they were not capable to deal with the applicant here and was advised to take the matter of possession of the land to the A.I.G.'s Office at Adesuwa Road, Benin City. This she did on 19th April 1993 and the applicant was arrested and brought to the Office. Her defence was that she was on appeal against the latest judgment as a result of which she would get a further stay by the Court. This was denied as merely filing an appeal does not operate as a stay of execution of judgment. After much discussion that applicant was granted bail and we were asked to report back at the Office on Monday, the 10th May, 1993.