CORAM

COKER, JUSTICE, SUPREME COURT

BABALAKIN,JUSTICE, SUPREME COURT

IRIKEFE, JUSTICE, SUPREME COURT

PARTIES

OLABISI WILLIAMS APPELLANTS

RESPONDENTS

AREA(S) OF LAW

SUMMARY OF FACTS

The application is for a stay of execution of judgment-debt and costs obtained by the respondent against the applicant in the High Court. The affidavit in support of the Motion contained the usual averments suggesting difficulty or impossibility of retrieving the money from the other party in case the appeal succeeded. There is also a counter-affidavit suggesting the ability of the respondent and his readiness at all times to pay back the judgment-debt and costs to the applicant if she succeeded in her appeal to the Supreme Court.

HELD

The Supreme Court acceded to the prayer of the petition to grant a stay of execution but not on the condition requested by the applicant. It was granted on condition that within seven days, the applicant must execute before the Chief Registrar a bond with two sureties proved to the satisfaction of the Chief Registrar to be house-owners, conditioned upon paying the entire judgment-debt and costs on the failure of the appeal. The execution already levied was set aside, and the taxi-cab already seized by the bailiff was ordered to be returned

ISSUES

Either that the law should be allowed to take its course and stay of execution refused or that if stay of execution was not granted, the appeal would be stultified as, in any case, it would be impossible to get back from the respondent what would have been paid to him

RATIONES DECIDENDI

GRANT OF STAY OF EXECUTION

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CASES CITED

STATUTES REFERRED TO

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