CIVIL PROCEDURE — Stay of Execution — Variation of Terms — Further Application Under Section 24 of Supreme Court Act
Ratio Decidendi
Per Ngwuta, JSC, in Ajuwa & Anor v. SPDCN Ltd (2011) NLC-123-290-2007(SC) at p. 53; Paras A—B:
"Indeed it is within the rights of the Respondent to apply for a further stay of execution with terms or conditions which may differ from those imposed by the Court of Appeal. This is allowable under Section 24 of the Supreme Court Act. This variation may be granted by the Supreme Court or further varied or annulled."
Explanation / Scope
This principle establishes that a respondent may apply for a further stay of execution with different terms under Section 24 of the Supreme Court Act, and the Supreme Court may grant, vary, or annul the terms. The principle applies in stay applications. It ensures that parties can seek variation. The principle reflects the flexibility of stay orders. It allows for adjustment of terms. The court must consider the application. The principle provides guidance on variation of stay terms.