Petitioner had instituted an action for the dissolution of her marriage with the respondent which was granted with the custody of the 3 children of the marriage was awarded to the respondent.

Petitioner appealed to the Court of Appeal and as a result of the appeal, the applicant refused to give up custody of the children to the respondent.

While the appeal was pending, respondent forcibly snatched the children from the applicant thereby disrupting the normal schooling of the children.

The court of Appeal dismissed the applicants appeal for want of diligent prosecution. She appealed to the Supreme Court

While the appeal was pending, applicant brought this application for stay of execution of the order of custody and preservation of the status quo ante pending the determination of the appeal to the Supreme Court.