The plaintiff com¬pany (who is now the appellant before us) sued the defendants (who are now respondents) jointly and severally claiming the sum of N588,353.70 being the sum left unpaid (together with interest) in respect of goods allegedly sold by the plaintiff to the defendants. The defendants denied the claim and in turn counterclaimed against the plaintiff for the sum of N456,430.00 being the sum allegedly due to them from various transactions between them and the plaintiff. Pleadings having been ordered, filed and exchanged the case proceeded to trial at which 2 witnesses testified in support of plaintiff's claim while one witness testified in favour of the defence and counterclaim.

At the close of the defence, learned counsel for the plaintiff sought leave of court to recall his 1st witness to testify in defence of the counter-claim. The application was resisted by learned counsel for the defence, but the learned trial Judge, in a ruling, allowed it. Defence counsel promptly appealed against the ruling and moved the trial court for a stay of further proceedings in the action pending the determination by the Court of Appeal of the said appeal. The learned trial Judge in a reserved ruling granted the application for a stay of further proceedings but ordered the defendants to deposit with the High Court Registrar the sum of N500,000.00 "as an undertaking against compensation and to pros¬ecute the appeal timeously." The defendants again appealed to the Court of Appeal against the order that they deposit N500, 000.00 with the registrar of the High Court. This was on 1/6/90. By a motion dated 8/6/90 they prayed the trial court to stay the execution of that order pending the determination of the appeal against it. Needless to say that plaintiff's counsel opposed the application. On 2/ 10/90, in a reserved ruling, the application to stay the order was refused. The substantive case was then adjourned to 12/10/90. At this stage, counsel for the defendants informed the trial court that the defence was withdrawing from taking further part 'in the proceedings. Learned counsel for the plaintiff after having previously led his witness in evidence on the counter claim, later addressed the court and judgment was reserved. On 20/2/90, the learned trial Judge found for the plaintiff on its claim and entered judgment in its favour in the total sum of N588,243.70 as claimed; defendants' counterclaim was struck out.

The defendants appealed against this final judgment. Following this ruling, the defendants applied to the Court of Appeal for a similar order, that is, stay of execution of the judgment pending the determination of the appeal against it. The Court of Appeal granted the application and it is against the appellate court's ruling that the plaintiff has now appealed to this Court