BANKOLE VS WILLIAMS & ANOR
September 3, 2025FRANCIS VS FRANCIS
September 3, 2025Legalpedia Citation: (1964-05) Legalpedia 27784 (SC)
In the Supreme Court of Nigeria
Holden At Abuja
Fri May 7, 1965
Suit Number: SC 199/1965
CORAM
BRETT JUSTICE, SUPREME COURT
COKER JUSTICE, SUPREME COURT
IDIGBE JUSTICE, SUPREME COURT
PARTIES
COKER
APPELLANTS
ADEYEMO & ANOR
RESPONDENTS
AREA(S) OF LAW
APPEAL- PRACTICE AND PROCEDURE-JURISDICTION
SUMMARY OF FACTS
In refusal of an application for stay of execution by the High Court, the appellant brought this present appeal.
HELD
Appeal dismissed.
ISSUES
RATIONES DECIDENDI
WHEN AN APPEAL IS DEEMED ENTERED
It is true that s.19C(3) of the High Court Law empowers the High Court to grant a stay “when an appeal to the Supreme Court is entered or leave to appeal is granted,” but we regard it as clear that an appeal is “entered” for the purposes of that section when the notice of appeal is received in the Registry of the High Court. Per Brett JSC
WHEN AN APPEAL IS DEEMED ENTERED
At any time after the notice of appeal has been received in the High Court or leave to appeal has been granted, and before the Supreme Court has become seized of the whole of the proceedings under Order 7, rule 19, a stay of execution may be ordered either by the High Court under its inherent jurisdiction. Per Brett JSC
WHEN AN APPEAL IS DEEMED ENTERED
After the record of appeal has been received in the Supreme Court and entered in the cause list under Order 7, rule 12(2), Order 7, rule 19applies and since the Supreme Court is by then seized of the whole of the proceedings any applications, including applications for a stay, should be made to the Supreme Court either direct or through the High Court. Per Brett JSC
CASES CITED
Ogunremi v. Dada
STATUTES REFERRED TO
Supreme Court Rules
High Court Law
