APPELLATE PRACTICE — Stay of Execution — Judicial Discretion — Interference by Appellate Court
Ratio Decidendi
Per Rhodes-Vivour, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 40; Paras E—A:
"Stay of execution, conditional or unconditional are granted entirely at the discretion of the court and with all discretionary powers/orders, an appeal court is always loath to interfere with the way a court exercises its discretion but will be compelled to interfere if the discretion was wrongly exercised, or was tainted with some irregularity, or in breach of the law, or the court finds that it is in the interest of justice to interfere."
Explanation / Scope
This principle establishes that stay of execution is granted at the court’s discretion, and an appellate court will not interfere unless the discretion was wrongly exercised, tainted with irregularity, in breach of law, or if it is in the interest of justice to interfere. The principle applies where stay decisions are challenged. It ensures that discretion is respected. The principle reflects the limited scope of appellate review. It prevents unnecessary interference. The court must find an exception. The principle provides guidance on stay of execution.