EMMANUEL BABAYEJU & ANOR VS ELIJAH AYO ASHAMU & ANOR
June 27, 2025OLUSOLA ADEPETU VS THE STATE
June 27, 2025Legalpedia Citation: (1998) Legalpedia (SC) 11191
In the Supreme Court of Nigeria
Fri Jul 10, 1998
Suit Number: SC.27/1992
CORAM
A.B. WALI
M.E. OGUNDARE JUSTICE, SUPREME COURT
U. MOHAMMED JUSTICE, SUPREME COURT
PARTIES
LAGOS STATE DEVELOPMENT & PROPERTY CORPORATION APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The plaintiff, obtained judgment against the defendant in the Lagos Judicial Division of the High Court of Lagos State in the sum of N7,787,500.00 with N2,000.00 costs. The defendant sought for a stay of execution of the judgment pending the determination of the appeal.
HELD
The court dismissed this appeal on the 20th April, 1998 and affirmed the decision of the court below.
ISSUES
1. What, having regard to the facts of this case, should be the appropriate order and conditions the court should impose for granting stay to the defendant.2. Whether or not the grant of stay of execution ordered by the Court of Appeal was justifiable, having regard to the particular circumstances of the case.?
RATIONES DECIDENDI
WHO CAN BRING AN APPLICATION FOR STAY OF EXECUTION
“The Court of Appeal may entertain an application for a stay of execution by a person who is dissatisfied with the terms on which he was granted such a stay by the lower court” Iguh, JSC.
CONDITION FOR THE GRANT OF STAY OF EXECUTION
“The onus is on the person applying for a stay of execution to satisfy the court that in the special circumstances of his case, there are some special and exceptional reasons which makes the granting of a stay desirable.” Iguh, JSC.
CASES CITED
1. Oyeti v. Suremekun (1963) 1 All NLR 349 at 351 (1963) 2 SCNLR 320 at 3222. Nwabueze v. Nwosu (1988) 9 SC.68;(1988)4. NWLR (Pt. 88) 2573. Government of Gongola State v. Takur (1989) 4 NWLR (Pt. 117) 592 etc.
STATUTES REFERRED TO
Court of Appeal Act, 1976Court of Appeal RulesSupreme Court Act 1960
