CORAM
COKER, JUSTICE, SUPREME COURT
SOWEMIMO, JUSTICE, SUPREME COURT
BABALAKIN,JUSTICE, SUPREME COURT
PARTIES
CONSTRUZIONI GENERALI FARSURA COGEFAR -S.P.A & ANOR APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicants filed an application seeking to vary the stay of execution granted by the lower court at the instance and in favour of the respondent.
HELD
The court held that a stay of execution cannot by granted or varied at the instance of party in whose favour the judgment appealed against was given and dismissed the application.
ISSUES
Whether the Supreme Court in exercise of its powers under section 24 of the Supreme Court can grant a stay of execution or vary same at the instance of a party in favour of whose the judgment was given.
RATIONES DECIDENDI
JURISDICTION TO VARY CONDITIONS FOR THE GRANT OF A STAY OF EXECUTION
the jurisdiction to vary the terms or conditions on which a stay of execution was granted has always been exercised at the instance of the party who had sought the order for a stay. Per Coker J.S.C
CASES CITED
Oyeti v. Soremekun (1963) 1 All N.L.R. 349
Akerefe v. Adedun, SC. 13/70
STATUTES REFERRED TO
The Supreme Court Act