"Prayer 4 (supra) is for a stay of execution of the judgment of the Court below. As rightly indicated by the respondent, an earlier application for a stay of execution of the judgment of the Court below was refused by that Court in a ruling to that effect contained in a copy thereof attached to the motion paper as Exhibit B.

The ruling was delivered on 09.07.13. The present motion was filed on 23.05.16. Order 6 Rule 3 of the Rules of the Court stipulates that "Where an application has been refused by the Court below, an application for a similar purpose may be made to the Court within fifteen days after the date of the refusal."

The present application was made over two years from the date of its refusal by the Court below. There is no explanation in the affidavit in support of the application for the delay in applying for an order of stay of execution of the judgment of the Court below. The prayer for a stay of execution is on that basis incompetent."

Per IKYEGH, J.C.A. SERIKI & ORS v. ADEPEGBA & ANOR CITATION: (2018) LPELR-45007(CA)