By a motion dated the 7th day of January, 1991 and filed an 9th January, 1991 the applicant has prayed pursuant to Section 18 of the Court of Appeal Act, 1976 and Order 3 Rule 3(3) of the Court of Appeal Rules, 1981 as amended, for an order staying the execution of the judgment of High Court No. 1 Aba, delivered on the 5th of December, 1990 in Suit No. A/115/89 including all the consequential orders made and costs awarded pending the determination of the appeal against the said judgment. In the alternative, it prays for an order that the amount awarded to the respondent as damages including the costs be deposited into an interest yielding account in the names of the applicant and the respondent in the applicant Bank, Factory Road Branch, Aba. The motion is supported by a 40 paragraph affidavit and annexed thereto are copies of two Revenue Receipts (Exhibits A & A1) the Notice and Grounds of Appeal (Exhibit B) and copy of a letter of protest against the conduct of the respondent to the Assistant Chief Registrar, High Court, Aba (Exhibit C). A further affidavit of 8 paragraphs was sworn to and with it are exhibited a copy of the judgment of the trial court (Exhibit D) and a certified copy of the Ruling of that court dated 22nd February, 1991 refusing stay vide Exhibit E’