BISI OYETI VS AFOLABIA SOREMEKUN
September 4, 2025THE QUEEN VS AZU A. OWOH & ORS
September 4, 2025Legalpedia Citation: (1962-12) Legalpedia 57480 (SC)
In the Supreme Court of Nigeria
Holden at Lagos
Mon Dec 17, 1962
Suit Number: SC 220/1962 & SC 364/1962
CORAM
BAIRAMIAN, JUSTICE SUPREME COURT
TAYLOR, JUSTICE SUPREME COURT
BRETT, JUSTICE SUPREME COURT
PARTIES
APPELLANTS
D. ASIYANBI & ORS
RESPONDENTS
AREA(S) OF LAW
PRACTICE AND PROCEDURE-APPLICATION FOR STAY OF EXECUTION—APPEAL
SUMMARY OF FACTS
The applicants/appellant sought an order granting them the stay of execution of the judgment below pending the hearing of the appeal without first seeking the order at the lower Court, which is the High Court against who judgment the appeal is to be made.
HELD
Appeal dismissed
ISSUES
Whether the present application can be entertained, in view of Order VII, rule 37, of the Federal Supreme Court Rules, 1961?
RATIONES DECIDENDI
POWER TO ORDER STAY OF EXECUTION
‘The power to stay execution of its own judgment pending some further proceeding in the case, where the interests of justice require it, it is inherent in a court of record, and is therefore vested in the High Court by the Constitution of the Region. ‘Per BRETT, F.J.’
SOURCE OF JURISDICTION
It is well settled that a Rule of Court cannot confer jurisdiction. Per BRETT, F.J.
POWER TO ORDER STAY OF EXECUTION
‘The authorities appear to me at least to justify the proposition that a court of record whose judgments are subject to appeal has inherent power to stay the execution of any judgment against which an appeal has been brought, in order to render the right of appeal more effective.’ Per BRETT, F.J.
CASES CITED
Orion Property Trust Ltd. v. Du Cane Court Ltd. (1962) 1 W.L.R. 1085,
Polini v. Gray (1870) 12 Ch. D. 438
Justice v. Mersey Steel and Iron Company (1876) 1 C.PD. 575
Cropper v. Smith, (1883), 24 Ch. D. 305
Grimshaw Barker and Elliot Ltd. v. Parker, (1910) 2 K.B. 161
Guaranty Trust Company of New York v. Hannay and Company, (1915) 2 K.B. 536
STATUTES REFERRED TO
The Federal Supreme Court Act, 1960.
The Constitution of Western Nigeria
The Federal Supreme Court Rules, 1961
The Common Law Procedure Act, 1852
