LEGAL PRINCIPLE: APPELLATE PRACTICE — Stay of Proceedings — Futility of Granting Stay Where Trial Is Concluded
PRINCIPLE STATEMENT
Granting a stay of proceedings in a case that has been determined and where the trial judge has become functus officio is futile and merely academic.
RATIO DECIDENDI (SOURCE)
Per Uwais, JSC, in Kotoye v. Saraki & Anor (1995) NLC-2121994(SC) at p. 8; Paras. C–D.
"As we have been made to understand... the judgment in the substantive suit before the High Court was to be delivered... can we now grant a stay of proceedings in a case which has been determined and the trial Judge has become functus officio? Surely such exercise of discretion by this Court will be futile and merely academic."
EXPLANATION / SCOPE
A stay of proceedings cannot be granted after judgment has been delivered. The trial judge becomes functus officio. The principle applies to all stay applications. The court will not grant futile orders. The applicant must apply for stay before judgment. The rule promotes judicial efficiency. The appellant may challenge the judgment by appeal. The court will not entertain moot applications.