LEGAL PRINCIPLE: CIVIL PROCEDURE — Stay of Execution — Nature of Remedy — Equitable Considerations
PRINCIPLE STATEMENT
Stay of execution is not a relief granted as a matter of course; it is essentially an equitable remedy that must balance the successful party's right to harvest the fruits of success against the appellant's right to appeal and the need to preserve the res.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Momah v. VAB Petroleum Inc. (2000) NLC-1831995(SC) at p. 18; Paras D–E.
"It is not a relief that is granted as a matter of course, being essentially an equitable remedy that must take into consideration the right of a successful party to harvest the fruits of its success in the suit, on the one hand, and the necessity not to impede the appellant's right to appeal as well as preserving the res so that if the appeal is successful the proceedings are not rendered futile."
EXPLANATION / SCOPE
Stay of execution is an equitable remedy, not a right. It is not granted as a matter of course. The court balances: (1) the successful party’s right to enjoy the fruits of judgment; (2) the appellant’s right to appeal; and (3) the need to preserve the res so the appeal is not rendered futile. Equity requires fairness to both sides. No party has an absolute right to a stay. The remedy is discretionary, exercised judicially based on circumstances. The court considers whether refusal would render the appeal nugatory, but this alone does not automatically entitle the applicant. The principle ensures that stays are granted only where justice requires. The appellant must show that the balance of equity favours a stay.
