APPELLATE PRACTICE — Stay of Proceedings — Application Filed After Judgment Reserved
Ratio Decidendi
Per Muhammad, JSC, in Associated Discount House Ltd v. Amalgamated Trustees Ltd No 2 (2007) NLC-123-289-2002(SC) at p. 60; Paras D–E. :
"Although it is the general principle of the law that all applications should be disposed of before hearing of an appeal, it is clear, as well as admitted by the applicant's counsel, that the application of 17th March, 2006 was filed when the appeal was already reserved for judgment. This to me was a clever way of arresting the delivery of the judgment which was already written and to be delivered on the very day the applicant wanted that motion to be taken."
Explanation / Scope
The proper time for filing an application for stay is before the hearing of the appeal or at the latest before judgment is reserved. Once the court has taken the appeal and reserved judgment, the matter is functus officio in that regard. Filing a stay application at that stage is a dilatory tactic aimed at frustrating the administration of justice. The court will not reward such conduct. The principle ensures that the appellate process is not unduly delayed or manipulated by parties seeking to avoid an imminent adverse decision.