OLEKAMMA NJIONYE & 53 OTHERS VS BENJAMIN ONUOHA & ORS
August 11, 2025CHIEF O.B. AKINOLUGBADE VS ONIGBONGBO
August 11, 2025Legalpedia Citation: (1974-06) Legalpedia (SC) 11271
In the Supreme Court of Nigeria
Fri Jun 21, 1974
Suit Number: SC. 74/1974
CORAM
TASLIM O. ELIAS, CHIEF JUSTICE OF NIGERIA
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
FATAYI- WILLIAMS, JUSTICE, SUPREME COURT
PARTIES
A. U. DEDUWA & ORS
APPELLANTS
EMMANUEL AMOMA OKORODUDU & ORS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-STAY OF EXECUTION
SUMMARY OF FACTS
The applicant appealed against the Ruling of the High Court in a consolidated suit for stay of execution granted on certain terms.
HELD
The motion of the applicant was refused because the considerations would not justify granting it.
ISSUES
Whether or Not the stay of execution should be granted
RATIONES DECIDENDI
WHAT TO CONSIDER FOR A GRANT OF A STAY OF EXECUTION
“a stay of execution will not be granted if to grant it might deprive the winner in the court below of the fruits of its victory: Barker v. Ladery (1885) 14 QBD 769, at 770; (b) a stay of execution should not be refused if the effect of such refusal would render the appeal nugatory, if it should be eventually successful; Wilson v. Church (No. 2) (1879) 12 Ch b. D. 454, at 457; and (c) if the request for stay and the subject-matter of the appeal have the same subtratum so that the grant of the one would dispose of the other, the stay of execution should be granted: Metropolitan Real & General Properties Trust Ltd. v. Slater (1941) 1 All ER 310.” PER T.O ELIAS, CJN
CASES CITED
Barker v. Ladery (1885) 14 QBD 769, at 770
Wilson v. Church (No. 2) (1879) 12 Ch b. D. 454, at 457
STATUTES REFERRED TO
Not Available
