LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Alleged Denial of Fair Hearing May Constitute Exceptional Circumstance
PRINCIPLE STATEMENT
Allegations of denial of fair hearing that are reasonably arguable may constitute an exceptional or special circumstance justifying a stay of execution pending appeal.
RATIO DECIDENDI (SOURCE)
Per Onu, JSC, in Funduk Engineering Ltd v. McArthur (1995) NLC-2901988(SC) at pp. 15–16; Paras C–A.
"A careful perusal of the trial court’s judgment shows that there were allegations and counter allegations which disclosed the need for 1st respondent to have been given the opportunity to be heard before judgment… it is clear that there are reasons for coming to the view that the 1st respondent was justified to complain of lack of fair trial. If that were so… it was enough reason for the learned Justices of the court below… to come to the view that an exceptional or special circumstance was disclosed for the grant of a stay of execution of the judgment pending appeal."
EXPLANATION / SCOPE
Denial of fair hearing is a fundamental breach. If there is a reasonable argument that fair hearing was denied, a stay may be granted. The principle applies because a judgment obtained without fair hearing is a nullity. The court will examine the record for evidence of unfairness. The rule is an exception to the general reluctance to grant stays. The appellant must show a prima facie case of denial of fair hearing. The court will balance the parties’ interests. The principle protects the constitutional right to fair hearing. The stay may be granted to prevent irreparable harm.