CORAM

MUHAMMAD S. MUNTAKA-COOMASSIE     JUSTICE, SUPREME COURT

M.L. UWAIS

BODE RHODES -VIVOUR     JUSTICE, SUPREME COURT

S. KAWU

GEORGE ADESOLA OGUNTADE JSC (Lead Judgment), JUSTICE SUPREME COURT

PARTIES

CHIEF R.A. OKOYE & ORS APPELLANTS

S. SANTILLI & ORS RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The respondents appealed against a declaratory decision of the trial court. The court of appeal granted them a stay of execution and appointed receivers/managers for the 3rd appellants on an accord which was withdrawn.

HELD

The court held that a stay of execution could not be granted over declaratory decisions and that there was no circumstances before the lower court justifying the appointment of Receivers/managers.

ISSUES

“(i) Whether a defendant who has filed an appeal against purely declaratory orders made against him is entitled to apply for ‘stay of execution’ of those orders pending the hearing and determination of the appeal; (ii) Whether the Court of Appeal had jurisdiction to make the orders contained in its decision dated 30.5.89 having regard to the rule in Foss v. Harbottle and, in particular the rule that the court ought not to interfere in matters relating to the internal management of the affairs of a corporation or association save at the instance of the corporation itself or at the instance of a majority of its members. (iii) Whether it was proper for the court below to make the appointment of receivers and managers- (a) in the absence of a specific application in that behalf by either party; (b) without fixing the amount of security which the persons so appointed ought to give; (c) without inviting the parties to address it on the desirability of marking the appointments, including the suitability of the appointees.”

RATIONES DECIDENDI

CASES CITED

Featherstone v. Cooke (1873) 16 Ex 298;|Trade Auxiliary Co. v. Vicker L.R. 76 Ex 303;|Standfield v. Gebbon (l925) W.N. 11 1925

STATUTES REFERRED TO

The Court of Appeal Act|The Federal High Court Act|

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