LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – No Stay of Execution in Respect of Non-Executory or Declaratory Judgments
PRINCIPLE STATEMENT
There cannot be a stay of execution of a judgment or order that does not admit of any execution but merely declares a legal status or right without involving an order enforceable by execution against a party.
RATIO DECIDENDI (SOURCE)
Per Iguh, JSC, in Yaro v. Arewa Construction Ltd. (1998) NLC-971997(SC) at pp. 18–19; Paras B–C.
"There cannot be a stay of execution of a judgment or order which does not admit of any execution but merely declares a legal status or right or proclaims the existence or otherwise of a legal relationship but, does not involve an order enforceable by execution against a party to the action."
EXPLANATION / SCOPE
A stay of execution applies only to executory judgments (those requiring positive action). Declaratory judgments merely declare rights and cannot be stayed because there is nothing to execute. The principle applies to all civil proceedings. The court cannot grant a stay of a declaratory order. The rule ensures that stay applications are properly directed. The applicant must show that the judgment is executory.