LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Requires Special Circumstances
PRINCIPLE STATEMENT
An applicant for a stay of execution must show special or exceptional circumstances because the court will not make a practice of depriving a successful litigant of the fruits of his success.
RATIO DECIDENDI (SOURCE)
Per Kutigi, JSC, in Josien Holdings Limited v. Lornamead Limited (1995) NLC-1831992(SC) at p. 9; Para C.
"There is no doubt that an applicant seeking for an order for a stay of execution must show special or exceptional circumstances because the court will not make a practice of depriving a successful litigant of the fruits of his success."
EXPLANATION / SCOPE
Stay of execution requires special circumstances. The judgment creditor is entitled to the fruits of judgment. The applicant bears the burden of showing special circumstances. The principle applies to all stay applications. The court will not grant a stay as a matter of course. The rule prevents delay in the enforcement of judgments. The applicant must show that the appeal would be rendered nugatory without a stay. The principle promotes finality and respect for judgments.