LEGAL PRINCIPLE: CIVIL PROCEDURE – Stay of Execution – Requirement of Special or Exceptional Circumstances
PRINCIPLE STATEMENT
The principle has long crystalised that a stay of execution can only be granted upon the applicant showing that there exist special or exceptional or strong circumstances for doing so, bearing in mind always that the compelling reason for granting a stay is to preserve the res from destruction and thereby maintain the status quo at all material time so that if the appeal is successful, at the end of the day, as we have earlier stated, the proceedings in respect thereof would not be rendered nugatory.
RATIO DECIDENDI (SOURCE)
Per Achike, JSC, in Momah v. VAB Petroleum Inc. (2000) NLC-1831995(SC) at pp. 18–19; Paras E–A.
"The principle has long crystalised that a stay of execution can only be granted upon the applicant showing that there exist special or exceptional or strong circumstances for doing so, bearing in mind always that the compelling reason for granting a stay is to preserve the res from destruction and thereby maintain the status quo at all material time so that if the appeal is successful, at the end of the day, as we have earlier stated, the proceedings in respect thereof would not be rendered nugatory."
EXPLANATION / SCOPE
Stay requires demonstration of special, exceptional, or strong circumstances—ordinary circumstances are insufficient. The compelling reason for stay is preserving the res from destruction to prevent the appeal from being rendered nugatory. This is not automatic; the applicant must prove that execution would cause irreparable harm not compensable by damages. The standard is high, reflecting the judgment creditor’s right to enforce. The applicant bears the burden of proving circumstances that justify suspending the successful party’s entitlement. Mere assertion of appeal is not enough.