Order 64 — Stay of Execution and Stay of Proceedings Pending Appeal

There shall be an Appeal section in the Registry of the Court which shall perform the following functions;
(a) receive notices of appeal from appellants;
(b) issue notices to parties involved in the matter in which the judgment or decision is appealed against notifying them of the date and time for the settlement and compilation of records of appeal;
(c) compile records of appeal;
(d) transmit the compiled records of proceedings and other documents relevant to the matter in respect of which judgment is appealed against to the Court of Appeal.
Provided that the compilation of records of proceedings for a matter on appeal shall be completed within the time stipulated by the law subject to the payment of the specified deposit in accordance with Rule 3 of this Order.

Where a party in a matter is appealing against the decision of the Court to the Court of Appeal, and the party or counsel to the party is requesting a compilation of the records of proceedings, the party shall pay (N50.00) fifty naira per page for the production of the records of proceedings.

Without prejudice to the provisions of rule 1 of this Order, an officer in charge of appeals shall assess the volume of the record of proceedings and ask the applicant to deposit an estimated sum of money in the Registry for the compilation of the records of proceedings.

The amount so estimated shall be paid before the commencement of compilation of the record of proceedings requested by the interested party; and where the party fails to pay the estimated amount of money no action will be taken on the party’s application for the record of proceedings.

Where the estimated sum has been deposited, a temporary receipt evidencing payment shall be issued at the Registry to the party or counsel or any other person who made the deposit.

On completion of compilation of the records of proceedings, an account shall be rendered on the expenses incurred by the Registry.
Provided that where,
(a) the amount expended is less than the amount deposited, the excess shall be refunded to the party or counsel to the party;
(b) the amount expended is more than the amount deposited, the party or counsel to the party or the person who made the deposit shall pay the deficit incurred on the party’s behalf before the transmission of the documents to the Court of Appeal.

Where there is failure to pay for the deficit incurred on behalf of the party as stated in sub-rule (6)(b) of this Order, the records of proceedings and documents relating to or connected with the matter in which judgment is appealed against shall not be ripe for transmission to the Court of Appeal.

(1) An application made to the Court for a stay of execution or proceedings under any judgment or decision appealed against shall be made by motion on notice supported by affidavit setting forth the grounds upon which a stay of execution or of proceedings is sought.

(2) Notwithstanding anything to the contrary, mere filing of application for stay shall not operate as stay of proceedings or stay of execution.

(3) Furthermore, the mere filing of an application simplicita shall not be sufficient for the Court to grant a:
(a) stay of execution of the judgment of the Court or;
(b) stay of proceedings before the Court.
Provided that where an appeal has been filed, and all records of proceedings have been transmitted and an appeal has been entered; that is to say the appeal has been issued a number, the Court may on sufficient grounds stay the execution of the judgment or of the proceedings upon which the appeal has been entered.
Provided further that in an application seeking for the stay of execution of the judgment of the Court pending appeal, where an appeal has been entered in line with the provisions of this Order, the Court may stay the execution of the judgment on the condition that the judgment debt (where the issue is monetary) is paid into an interest yielding account with the name “The Chief Registrar, National Industrial Court of Nigeria” pending the hearing and determination of the appeal.

(4) Where the issue on which the application for stay of execution is made is not monetary, and an appeal has been entered, the Court may grant the application for stay of execution of the judgment or stay of proceedings on the condition that the status quo ante as from the date of judgment be maintained pending the hearing and determination of the appeal.

An applicant for stay of execution of a judgment or for stay of proceedings under this Order shall compile the records of appeal within twenty-one (21) days from the date of filing a notice of appeal and where the record is not so compiled, the respondent may apply to strike out the application or discharge the order where already granted.

(1) The Court may make or refuse an order for a stay of execution or of proceedings.

(2) An Order for stay of execution may be made subject to such conditions, as shall appear just, including the deposit in Court of any money adjudged due to any of the parties in the judgment appealed against.

(1) An application for stay shall be regarded as an urgent matter.

(2) Where the Court has struck out an application for stay, no further application for stay shall be made in the same matter.

In any application made to the Court under this Order a formal order shall be drawn up embodying the terms of the decision of the Judge and bearing the date upon which the order is made.

(1) Where a party is appealing to the Court of Appeal against the decision of the Court, such a party shall in the party’s application file along with the motion on notice of appeal;
(a) An affidavit in support of the motion on notice;
(b) Proof of compilation of Record(s) of appeal;
(c) Proof of lodgment of notice of appeal in line with Order 3 or any other relevant rules or Practice Direction of the Court of Appeal Rules; and
(d) Proof that an appeal has been entered.

(2). Where a party is dissatisfied with the decision of the Court and seeks to appeal to the Court of Appeal, such a party shall in the party’s application to the Court for stay of execution of the judgment or Order:
(a) file a notice of appeal;
(b) pay for the compilation of the records of proceedings;
(c) exhibit certified true copies of the judgment or order the party is appealing against;
(d) exhibit evidence that the appeal has been entered in line with the appropriate Rules or the Practice Direction of the Court of Appeal and that there is a valid appeal before the Court of Appeal; and
(e) exhibit evidence that leave has been granted by the Court of Appeal, where leave is required either by law or by the rules of the Court of Appeal.

(3). Where all the requirements in sub-rule 2 above have been satisfied, the Court may grant or refuse to grant the application for stay of execution of the order or judgment of the Court after taking into consideration the provisions of section 47 of the Act.

(1) Where a matter is on-going and a party is applying for stay of proceedings pending appeal, the party shall in the application for stay of proceedings:
(a) file an application for stay of proceeding pending appeal,
(b) pay for the compilation of the records of proceedings for which the party is seeking stay of proceedings;
(c) exhibit certified true copies of the record of proceedings for which the party is seeking stay of proceedings pending appeal and exhibit evidence that there is a valid appeal before the Court of Appeal;
(d) exhibit evidence that the appeal has been entered in line with the appropriate Rules of the Court of Appeal; and
(e) exhibit evidence that the party has been granted leave by the Court of Appeal, where leave is required either by law or by the rules or the Practice Directions of the Court of Appeal.

(2) Where all the requirements in sub-rule 1 of this rule have been satisfied, the Court may grant or refuse to grant the application for stay of proceedings after taking into consideration the provisions of section 47 of the Act.

(3) An appeal to the Court of Appeal from the decision of the Court shall not operate as a stay of execution of the judgment order, rulings or proceedings of the Court, but the Court may order a stay of execution unconditionally or upon the performance of such conditions as may be imposed in accordance with the Rules of the Court.

Where the Court of Appeal remits a matter before it to the Court to be heard by the Court, the Registrar shall on receipt of same, bring the matter to the attention of the President of the Court, who may assign the matter to a Judge or a panel of Judges of the Court, to hear and determine in accordance with the Rules of the Court or as may be directed by the Court of Appeal.