VERTNER W. TANDY VS THE HARMONY HOUSE FURNITURE CO. LTD
September 4, 2025CHIEF SHITTU OGUNREMI & ORS VS D. ASIYANBI & ORS
September 4, 2025Legalpedia Citation: (1963-11) Legalpedia 62542 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Thu Nov 28, 1963
Suit Number: FSC 463/1963
CORAM
ADEMOLA, CHIEF JUSTICE NIGERIA
BRETT, JUSTICE SUPREME COURT
BAIRAMIAN, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
AFOLABIA SOREMEKUN
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE, STAY OF EXECUTION
SUMMARY OF FACTS
The applicant was granted a stay of execution on certain grounds which he finds as excessive and has further applied to the court for stay of execution. The respondent raised a preliminary objection because the application for stay is misconceived as a stay had been granted and what should be brought is an appeal.
HELD
The Court held that whilst proceedings by way of appeal to this Court may be a remedy in such cases, it is not the only remedy the objection cannot be sustained and the appeal should be argued.
ISSUES
Whether the Applicant can bring an application for Stay of Execution when it has been granted in the High Court.
RATIONES DECIDENDI
POWERS OF THE SUPREME COURT TO GRANT A STAY OF EXECUTION EVEN WHEN IT WAS GRANTED AT THE HIGH COURT
“It appears to us that the power of this court under section 24 of the Act is in no way fettered by the fact that a previous application to the High Court has been granted in the High Court; an applicant may, if he so desires, seek more favourable conditions in the Supreme Court, if he thinks the conditions laid down by the High Court are onerous or, for any other reason, are found unreasonable.” PER ADEMOLA, C.J.N
CASES CITED
Not Available
STATUTES REFERRED TO
FEDERAL SUPREME COURT ACT
