LEGAL PRINCIPLE: APPELLATE PRACTICE – Stay of Execution – Admission of Indebtedness as Ground for Refusing Stay
PRINCIPLE STATEMENT
The question therefore is whether it is equitable for this court to grant a stay of execution of the portion of that judgment ordering the applicants to pay the N29m which the applicants admitted owing the respondent while proceeding with the rest of the claim disputed. My answer to that question is definitely in the negative.
RATIO DECIDENDI (SOURCE)
Per Akintan, JCA, as approved by Uwais, CJN, in Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC) at p. 9; Paras A–B.
"The question therefore is whether it is equitable for this court to grant a stay of execution of the portion of that judgment ordering the applicants to pay the N29m which the applicants admitted owing the respondent while proceeding with the rest of the claim disputed. My answer to that question is definitely in the negative."
EXPLANATION / SCOPE
Where an applicant admits indebtedness, a stay of execution for that admitted portion is inequitable and will be refused. The judgment creditor is entitled to receive what is undisputedly owed. The applicant cannot properly seek to delay payment of an admitted liability while appealing other aspects. The court may grant a partial stay limited to disputed portions but will not stay execution on admitted sums. This prevents abuse of appellate process and ensures that acknowledgment of liability carries its natural consequence—payment.