APPELLATE PRACTICE — Stay of Execution — Doctrine of Corporate Death — Preservation of Judgment Debtor
Ratio Decidendi
Per Fabiyi, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 20; Paras A—C:
"The court below agreed that in line with the doctrine of corporate death, the Respondent should be kept 'alive' to enable it pursue its appeal. It maintained that the goose that lays the golden eggs must not be allowed to pass on. A death which denies the Respondent of prosecuting the appeal is not justice. The court below made its order to keep the Appellant alive to prosecute the appeal. I am unable to fault that decision."
Explanation / Scope
This principle establishes that under the doctrine of corporate death, a judgment debtor should be kept alive to pursue its appeal, as denying it the opportunity to prosecute the appeal is not justice. The principle applies where stay of execution is sought. It ensures that judgment debtors are not destroyed. The principle reflects the need to preserve the right of appeal. It prevents injustice. The court must preserve the debtor. The principle provides guidance on stay of execution.