LEGAL PRINCIPLE: CIVIL PROCEDURE — Stay of Execution — Requirement of Special or Exceptional Circumstances
PRINCIPLE STATEMENT
A stay of execution can only be granted upon the applicant showing special, exceptional, or strong circumstances; the compelling reason is to preserve the res from destruction and maintain the status quo so that the appeal is not rendered nugatory.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Momah v. VAB Petroleum Inc. (2000) NLC-1831995(SC) at pp. 18–19; Paras E–A.
"The principle has long crystalised that a stay of execution can only be granted upon the applicant showing that there exist special or exceptional or strong circumstances for doing so, bearing in mind always that the compelling reason for granting a stay is to preserve the res from destruction and thereby maintain the status quo at all material time so that if the appeal is successful, at the end of the day, as we have earlier stated, the proceedings in respect thereof would not be rendered nugatory."
EXPLANATION / SCOPE
The requirement for a stay of execution is stringent: special, exceptional, or strong circumstances must be shown. The compelling reason is to preserve the res (subject matter) from destruction and maintain the status quo. If the appeal is successful, the proceedings should not be rendered nugatory. The applicant must demonstrate that execution would cause irreparable harm not compensable by damages. The judgment creditor’s right to enjoy the fruits of judgment is a strong counterweight. The principle is well-established. The court balances the parties’ interests. The applicant bears the burden of proof. The rule ensures that stays are exceptional, not routine. The court will not grant a stay merely because an appeal is pending.
