LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of execution – Jurisdiction of appellate court to vary conditions of stay
PRINCIPLE STATEMENT
The powers of the Court of Appeal under Section 18 of the Court of Appeal Act, 1976 (in pari materia with Section 24 of the Supreme Court Act 1960) are not fettered by the terms of the grant in the lower court. The Court of Appeal may entertain an application for a stay by a person dissatisfied with the terms imposed by the lower court.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Lagos State Development & Property Corporation v. Citymark (West Africa) Limited (1998) NLC-271992(SC) at p. 11; Paras D–E.
"The powers of the Court of Appeal under Section 18 of the Court of Appeal Act, 1976 which are in pari materia with Section 24 of the Supreme Court Act 1960 are not in any way fettered by the terms of the grant in the lower court in an application for stay; and the Court of Appeal may entertain an application for a stay of execution by a person who is dissatisfied with the terms on which he was granted such a stay by the lower court."
EXPLANATION / SCOPE
Appellate courts have unfettered power to vary stay conditions. The applicant may challenge terms imposed by the lower court. The principle applies to all stay applications. The appellate court may impose different terms. The rule promotes fairness. The applicant is not bound by the lower court’s conditions.