LEGAL PRINCIPLE: APPELLATE PRACTICE — Stay of Execution — Onus on Applicant — Need to Show Special Circumstances

The applicant for a stay of execution bears the burden of demonstrating special or exceptional circumstances. The applicant must show that the balance of justice weighs in his favour. The standard is high because the judgment is presumed correct. Special circumstances vary by case; no rigid formula applies. The court examines the specific facts. The applicant must “plead eloquently”—make a compelling case. Mere assertion of an appeal is insufficient. The applicant must demonstrate that execution would cause irreparable harm or render the appeal nugatory. The principle ensures that stays are not granted lightly. The opposing party’s right to enjoy the fruits of judgment is a strong counterweight. The applicant must provide evidence, not mere argument.