Legalpedia Citation: (2011-05) Legalpedia (SC) 17186
In the Supreme Court of Nigeria
Fri May 6, 2011
Suit Number: SC.150/2010
CORAM
DAHIRU MUSDAPHER, JUSTICE OF THE SUPREME COURT
MAHMUD MOHAMMED, JUSTICE OF THE SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE OF THE SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE OF THE SUPREME COURT
MAHMUD MOHAMMED, JUSTICE OF THE SUPREME COURT
CHRISTOPHER MITCHELL CHUKWUMA-ENEH, JUSTICE OF THE SUPREME COURT
SAIFULLAHI MUHAMMAD MUNTAKA-COOMASSIE, JUSTICE OF THE SUPREME COURT
MAHMUD MOHAMMED, JUSTICE OF THE SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE OF THE SUPREME COURT
MAHMUD MOHAMMED, JUSTICE OF THE SUPREME COURT
DAHIRU MUSDAPHER, JUSTICE OF THE SUPREME COURT
PARTIES
THE SHELL PETROLEUM DEVELOPMENT COMPANY OF NIGERIA LIMITED APPELLANTS
OJIOWHOR MONDAY AMADI & 34 ORS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
In 1958 the claimants and the appellant executed a Deed of Lease over a large area of land. The claimants were seeking forfeiture of the lease. The High Court found in favour of the claimants; which was confirmed by the Court of Appeal on appeal.
HELD
Application granted and preliminary objection dismissed
ISSUES
None.
RATIONES DECIDENDI
WHETHER DECLARATORY JUDGMENTS CAN BE STAYED
“Now, declaratory judgments are final order which declare the rights of the parties. Such judgments cannot be stayed” PER RHODES-VIVOUR, J.S.C.
EFFECT OF A STAY OF EXECUTION
“A stay of execution stops temporarily the beneficiary of the judgment from enjoying the fruits of the judgment while the appeal is being heard. It is usually granted before the hearing of the appeal and stays in force right through the hearing of the appeal.” PER RHODES-VIVOUR, J.S.C.
DUTY ON COURT TO DETERMINE WHETHER A JUDGMENT IS DECLARATORY
“It is wrong to refuse to consider an application for stay or refuse to grant it simply because the reliefs sought in the trial court and most of the reliefs granted were declaratory. It is the duty of the judge considering an application for stay of execution to examine the judgment and see if indeed it was a declaratory judgment with orders that cannot be stayed.” PER RHODES-VIVOUR, J.S.C.
INHERENT POWERS OF THE COURT TO STAY EXECUTION OF A JUDGMENT
“This court has inherent powers to stay the execution of a judgment and the exercise of that power is entirely at the discretion of this court. As with all discretionary powers it must be exercised judicially and judiciously. That is to say with correct and convincing reasons. Exercise of discretion calls for the judge considering the rules governing the issue and not acting arbitrarily or as he likes” PER RHODES-VIVOUR, J.S.C.
AIM OF A STAY OF EXECUTION
“The aim being to protect the RES from destruction, thereby avoiding a situation where the court hearing the appeal is presented with a fait accompli. A stay of execution would be granted if the applicant is able to show special and exceptional reasons.” PER RHODES-VIVOUR, J.S.C.
DISTINCTION BETWEEN AN APPEAL AND A STAY OF EXECUTION
“An appeal does not operate as a stay and a stay of execution is not granted against a declaratory judgment or a judgment on admission. The former merely declares the rights of the parties, or the legal position of the parties in the action; while the latter is given after a party admits a claim.” PER RHODES-VIVOUR, J.S.C.
EFFECT OF DECLARATORY JUDGMENTS
“Declaratory judgments create a res judicata and can be relied upon as an estoppel. Further orders made along with a declaratory judgment, may be subject to a stay of execution.” PER RHODES-VIVOUR, J.S.C.
CASES CITED
Okafor v. Nnaife 1987 4 NWLR pt.64 p.129Tukur v. Govt of Gongola State 1989 4 NWLR pt.117 p.592
STATUTES REFERRED TO
None.?