APPELLATE PRACTICE — Stay of Execution — Judicial Discretion — Exercise of Discretionary Power
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 41; Paras B—D:
"The grant/refusal of an application for stay of execution is a matter of discretion, and so the Judge must examine the facts and circumstances of the case and the rules applicable and refrain from acting as he likes. He must take into account the competing rights of the parties and exercise his discretion judicially and judiciously. That is to say with sound and convincing reasons."
Explanation / Scope
This principle establishes that the grant or refusal of stay of execution is discretionary, requiring the judge to examine the facts, circumstances, and applicable rules, consider competing rights, and exercise discretion judicially and judiciously with sound reasons. The principle applies where stay is sought. It ensures that discretion is properly exercised. The principle reflects the requirements for stay. It prevents arbitrary decisions. The court must provide reasons. The principle provides guidance on stay of execution.