LEGAL PRINCIPLE: APPELLATE PRACTICE – Stay of Execution – Burden on Applicant
PRINCIPLE STATEMENT
An applicant for stay of execution bears the burden of showing that the grant of stay of execution will not result in the determination of the issue subject matter of the appeal, and there will be no injustice to the respondent.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Franchal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC) at p. 19; Paras C–D.
"An applicant for stay of execution bears the burden of showing that the grant of stay of execution will not result in the determination of the issue subject matter of the appeal, and there will be no injustice to the respondent."
EXPLANATION / SCOPE
The applicant for a stay bears the onus of satisfying the court that granting the stay will not moot the appeal or cause injustice to the respondent. This includes demonstrating that the appeal is not frivolous, that the stay will not unduly delay the respondent’s recovery, and that the applicant can satisfy the judgment if the appeal fails. The burden is not on the respondent to oppose; the applicant must affirmatively establish entitlement. Failure to discharge this burden results in refusal. The principle protects the respondent’s legitimate interest in enforcement.