LEGAL PRINCIPLE: CIVIL PROCEDURE — Stay of Execution — Principles for Grant — Requirement of Special or Strong Circumstances
PRINCIPLE STATEMENT
Special or strong circumstances must exist before a stay of execution can be granted; the essence is to maintain the status quo to ensure the res is not destroyed, rendering the appeal nugatory.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Momah v. VAB Petroleum Inc. (2000) NLC-1831995(SC) at p. 5; Paras A–B.
"The basic principle for grant of stay of execution has been laid down by this Court in a long line of authorities including the cases of Vaswani Trading Company v. Savalakh, (1972) 12 S.C. 77. Okafor & Ors v. Nnaife, (1987) 4 NWLR (Pt. 64) 129 and U.B.N. Ltd v. Odusote Bookstore Ltd. (1994) 3 NWLR (Pt. 331) 129. It is inter alia required that special or strong circumstances must exist before a stay could be granted. The essence of such stay is to maintain the status quo ante in order to ensure that the res which is the subject matter of the appeal, is not destroyed to render the proceedings nugatory."
EXPLANATION / SCOPE
Stay of execution requires special or strong circumstances. The essence is maintaining the status quo to prevent destruction of the res and to avoid rendering the appeal nugatory. The applicant must demonstrate more than a desire to appeal. The judgment creditor’s right to enjoy the fruits is a strong counterweight. Special circumstances include situations where execution would cause irreparable harm not compensable by damages. The court examines the balance of convenience. The principle is well-established in Nigerian case law. The applicant bears the burden of proof. The court will not grant a stay merely because the applicant has filed an appeal. The rule ensures that stays are exceptional, not routine.