VASWANI TRADING COMPANY VS SAVALAKH & COMPANY
August 16, 2025ATTORNEY GENERAL OF THE FEDERATION VS MALLAM MODU ALKALI
August 16, 2025Legalpedia Citation: (1972) Legalpedia (SC) 72871
In the Supreme Court of Nigeria
Fri Dec 15, 1972
Suit Number: S.C. 143/1971
CORAM
COKER,JUSTICE, SUPREME COURT
FATAYI-WILLIAMS,JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
PARTIES
JOSEPH ADEBAYO CONSTRUZIONI GENERALI ( FARSURA COGEFAR – S. P. A. ) APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicants were defendants in an action in the High Court, Lagos, the plaintiffs were the Nigerian Ports Authority; the applicants were the 1st defendants and one Joseph Warren McEwen the 2nd defendant. The plaintiff claimed an amount of £163,134 as damages for deceit.
HELD
The Court held that the application therefore fails and it is refused. We order that the Motion be and it is hereby dismissed.
ISSUES
Whether where a stay of execution is granted by the High Court on terms which are unreasonable or oppressive, an application may be made to this court for a stay of execution when this court, by virtue of powers conferred on it by Section 24 of the Supreme Court Act.
Whether there was a gross misconception concerning the employment of the relevant section of the law to the stated or proved facts of this case.
RATIONES DECIDENDI
POWERS OF THE COURT TO ORDER A STAY OF EXECUTION
“An appeal under this Part shall not operate as a stay of execution, but the Supreme Court may order a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with rules of court.” Coker, JSC.
CASES CITED
Oyeti v. Soremekun (1963) 1 All NLR 349
STATUTES REFERRED TO
Supreme Court Act
