CORAM
S.M.A. BELGORE – JUSTICE, SUPREME COURT (Presided and Read the Leading Judgment)
UWAIS,JUSTICE SUPREME COURT
PARTIES
MARTINS
APPELLANTS
NICANNAR FOOD CO. LTD
RESPONDENTS
AREA(S) OF LAW
CONTRACT-PURCHASE PRICE-FRAUD-JURISDICTION – STAY OF EXECUTION.
SUMMARY OF FACTS
The appellant sought from the court an order of stay of execution of the judgement of the Federal High Court.
HELD
The Court granted a conditional stay of execution of the judgment of the Federal High Court dated 4th March, 1985 pending the determination of the appeal in the Court of Appeal.
ISSUES
1. ‘Whether a party who has shown that there is a substantial issue of law to be decided on appeal is entitled to a stay of execution following the decision of this Honourable Court in Balogun v. Balogun (1969) 1 All NLR 349-351.
2. Whether an appellate (sic) court should grant a stay of execution where it is shown that the trial court had no jurisdiction, based on the recent decisions of this Honourable Court in the cases of Akinsanya v. UBA (1986) 4 NWLR 273 (Pt.35) at page 412; Nisaralai Ent. Ltd. v. Arab Bank (1986) 4 NWLR 409 (Pt.36).
3. That the defendant/applicant is entitled to a stay of execution in order not to render his appeal nugatory if he wins on appeal.
4. That justice of this matter demands that the status quo be maintained
RATIONES DECIDENDI
STAY OF EXECUTION
‘The court’s discretion to grant stay of execution must be exercised judiciously and it would be so exercised where it is shown that the appeal involves substantial points of law necessitating the parties and issues being in status quo until the legal issues are resolved’ – A.NNAMANI, JSC
CASES CITED
1. In Abina v. Tika Tore Press (1986) 1 All NLR 210
2. Balogun v. Balogun (1969) 1 All NLR 349-351.
3. Akinsanya v. UBA (1986) 4 NWLR 273 (Pt.35) at page 412
4. Nisaralai Ent. Ltd. v. Arab Bank (1986) 4 NWLR 409 (Pt.36).
5. Vaswani v. Savalakh (1972) 12 SC. 77
6. Annot Lyle (1886) II P. 114 at 116)…
7. Wey v. Way (1975) 1 SC 1
8. Olusesan Shogo v. Latitu Musa (1975) 1 NMLR 133
9. Odufuye v. Fatoke (1977) 4 SC
10. Dr. TO. Dada v. The University of Lagos and Ors. (1971) 1 UILR 344
STATUTES REFERRED TO
1. Supreme Court Act, 19602. Administration of Justice Act, 1965