LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Principles for Grant – Requirement of Special or Strong Circumstances
PRINCIPLE STATEMENT
The basic principle for grant of stay of execution has been laid down by this Court in a long line of authorities including the cases of Vaswani Trading Company v. Savalakh, (1972) 12 S.C. 77. Okafor & Ors v. Nnaife, (1987) 4 NWLR (Pt. 64) 129 and U.B.N. Ltd v. Odusote Bookstore Ltd. (1994) 3 NWLR (Pt. 331) 129. It is inter alia required that special or strong circumstances must exist before a stay could be granted. The essence of such stay is to maintain the status quo ante in order to ensure that the res which is the subject matter of the appeal, is not destroyed to render the proceedings nugatory.
RATIO DECIDENDI (SOURCE)
Per Uwais, CJN, in Momah v. VAB Petroleum Inc. (2000) NLC-1831995(SC) at p. 5; Paras A–B.
"The basic principle for grant of stay of execution has been laid down by this Court in a long line of authorities including the cases of Vaswani Trading Company v. Savalakh, (1972) 12 S.C. 77. Okafor & Ors v. Nnaife, (1987) 4 NWLR (Pt. 64) 129 and U.B.N. Ltd v. Odusote Bookstore Ltd. (1994) 3 NWLR (Pt. 331) 129. It is inter alia required that special or strong circumstances must exist before a stay could be granted. The essence of such stay is to maintain the status quo ante in order to ensure that the res which is the subject matter of the appeal, is not destroyed to render the proceedings nugatory."
EXPLANATION / SCOPE
Stay of execution requires special or strong circumstances, not granted as of right. The applicant must demonstrate more than mere desire to appeal. The purpose is preserving the status quo to prevent the res (subject matter) from being destroyed, which would render the appeal nugatory. Ordinary circumstances do not suffice. This high threshold reflects the judgment creditor’s entitlement to fruits of litigation. The applicant bears the burden of showing why the usual right to enforce judgment should be suspended pending appeal. Strong, exceptional factors justify departure from the general rule.