LEGAL PRINCIPLE: APPELLATE PRACTICE – Stay of Execution – Factors for Exercise of Discretion
PRINCIPLE STATEMENT
The main question to be resolved in the instant case therefore is whether from the facts disclosed in the various affidavits in support of the application, the grounds of appeal filed against the verdict of the court as well as all the circumstances of the case, the applicants have made a case warranting the exercise of this court's discretion in their favour. It is trite law that the grant of stay of execution involves the exercise of discretion which involves a consideration of the chances of the applicant's ability to satisfy the judgment debt if the appeal is unsuccessful and the general rule to maintain the status quo between the parties are also important considerations.
RATIO DECIDENDI (SOURCE)
Per Akintan, JCA, as approved by Uwais, CJN, in Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC) at p. 8; Paras A–B.
"The main question to be resolved in the instant case therefore is whether from the facts disclosed in the various affidavits in support of the application, the grounds of appeal filed against the verdict of the court as well as all the circumstances of the case, the applicants have made a case warranting the exercise of this court's discretion in their favour. It is trite law that the grant of stay of execution involves the exercise of discretion which involves a consideration of the chances of the applicant's ability to satisfy the judgment debt if the appeal is unsuccessful and the general rule to maintain the status quo between the parties are also important considerations."
EXPLANATION / SCOPE
Stay of execution is discretionary, guided by multiple factors: the applicant’s ability to satisfy the judgment if the appeal fails; maintaining the status quo; whether the appeal raises substantial issues; and potential prejudice to either party. The applicant must demonstrate that the balance of convenience favours a stay. The court considers whether refusal would render the appeal nugatory. Each case turns on its circumstances. The judgment creditor’s entitlement to fruits of litigation is a strong counterweight, overcome only by compelling circumstances.