LEGAL PRINCIPLE: APPELLATE PRACTICE – Interlocutory Injunction Pending Appeal – Principles for Grant of Injunction to Preserve Res
PRINCIPLE STATEMENT
More important, however, is the duty of this Court, as indeed that of other Courts, to ensure that its orders are not nugatory. The applicants are exercising their undoubted right of appeal. The respondents are well aware of this and the applicants are certainly entitled so to exercise that right as long as they do so in accordance with the provisions of the statute conferring the right... It is manifestly the duty of the court to protect the exercise of that right and to ensure that its own orders in that connection at any stage of the lawful and regular proceedings are not rendered useless by the action or conduct of either of the parties. The granting of a stay of execution is a matter of discretion for the court and any action or conduct which tends to stifle the exercise of such discretion must be frowned at by the court.
RATIO DECIDENDI (SOURCE)
Per Coker, JSC, in Vaswani Trading Company v. Savalakh & Company (1972) All NLR 922 at pp. 696–697; cited in Central Bank of Nigeria v. Ahmed & Ors (2001) NLC-92001(SC) at pp. 24–25; Paras B–E.
"More important, however, is the duty of this Court, as indeed that of other Courts, to ensure that its orders are not nugatory. The applicants are exercising their undoubted right of appeal. The respondents are well aware of this and the applicants are certainly entitled so to exercise that right as long as they do so in accordance with the provisions of the statute conferring the right... It is manifestly the duty of the court to protect the exercise of that right and to ensure that its own orders in that connection at any stage of the lawful and regular proceedings are not rendered useless by the action or conduct of either of the parties. The granting of a stay of execution is a matter of discretion for the court and any action or conduct which tends to stifle the exercise of such discretion must be frowned at by the court."
EXPLANATION / SCOPE
Courts have a duty to ensure orders are not nugatory. Parties exercising the right to appeal are entitled to do so, and the court must protect that right. The court must ensure that its orders are not rendered useless by party conduct. Stay of execution is discretionary, but conduct that stifles the exercise of discretion is disfavoured. The court balances the right to appeal with the judgment creditor’s right to enjoy fruits of judgment. The preservation of the res pending appeal is paramount. The court will grant interlocutory injunction to maintain status quo where the appeal would otherwise be rendered nugatory. The duty to protect appellate rights is fundamental.
