LEGAL PRINCIPLE: APPELLATE PRACTICE – Stay of Execution – Impecuniosity as Ground for Stay
PRINCIPLE STATEMENT
It is important and pertinent to mention that impecuniosity per se is not a valid ground for the grant of stay of execution of judgment. The fundamental principle that the judgment creditor is entitled to the fruits of his litigation can only be defeated by circumstances which render it inequitable for him to enjoy the benefit of his victory.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Francihal (Nig.) Ltd. v. N.A.B. Ltd. (2000) NLC-1861994(SC) at p. 19; Paras B–C.
"It is important and pertinent to mention that impecuniosity per se is not a valid ground for the grant of stay of execution of judgment. The fundamental principle that the judgment creditor is entitled to the fruits of his litigation can only be defeated by circumstances which render it inequitable for him to enjoy the benefit of his victory."
EXPLANATION / SCOPE
Impecuniosity—inability to pay—alone does not justify a stay of execution. The judgment creditor’s right to enjoy the fruits of judgment is fundamental. A stay may only be granted where circumstances render execution inequitable. If mere financial hardship sufficed, every impecunious judgment debtor would obtain a stay, frustrating the purpose of judgments. The applicant must show more: that the appeal would be rendered nugatory without a stay, or that special circumstances outweigh the creditor’s entitlement. Impecuniosity is relevant but not determinative.