LEGAL PRINCIPLE: APPELLATE PRACTICE – Stay of Execution – When Possession of Record of Appeal is Relevant
PRINCIPLE STATEMENT
Possession of record of proceedings per se is not conclusive as to the merits of the appeal. It also does not suggest that it is in the interest of justice necessary to grant the application. The most the possession of record of appeal does is that granting a stay of execution would not occasion undue delay, because the appeal is with the exchange of briefs of argument ripe for hearing.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC) at p. 19; Paras D–E.
"Possession of record of proceedings per se is not conclusive as to the merits of the appeal. It also does not suggest that it is in the interest of justice necessary to grant the application. The most the possession of record of appeal does is that granting a stay of execution would not occasion undue delay, because the appeal is with the exchange of briefs of argument ripe for hearing."
EXPLANATION / SCOPE
Having the record of appeal is not decisive for a stay application. It merely indicates that a stay would not cause undue delay since the appeal is ready for hearing. It does not demonstrate merit or automatically entitle the applicant to a stay. The court still considers other factors: substantial issues on appeal, ability to satisfy judgment, and balance of convenience. Possession of the record is a procedural fact, not a substantive ground. Applicants cannot rely solely on having compiled the record to obtain a stay.