LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Balance of Convenience – Determining Factor
PRINCIPLE STATEMENT
It is the balance of convenience that tilts the scale always in determining whether to grant a stay. The court below was not satisfied with the facts deposed to in the affidavits in support of the appellant's application. It could not, therefore, in good conscience, grant him stay. In other words the balance of convenience in the case was not in favour of the appellant.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Momah v. VAB Petroleum Inc. (2000) NLC-1831995(SC) at p. 6; Paras A–B.
"It is the balance of convenience that tilts the scale always in determining whether to grant a stay. The court below was not satisfied with the facts deposed to in the affidavits in support of the appellant's application. It could not, therefore, in good conscience, grant him stay. In other words the balance of convenience in the case was not in favour of the appellant."
EXPLANATION / SCOPE
The balance of convenience is the decisive factor in stay applications. The court weighs the hardship to the applicant if stay is refused against the hardship to the respondent if stay is granted. Where the applicant’s supporting facts are unsatisfactory or unconvincing, the balance tilts against granting stay. The court must act in good conscience, considering the interests of both parties. The party seeking stay must demonstrate that the balance clearly favours preserving the status quo. If the scales are even or favour the respondent, stay should be refused.