GERTRUDE ATTE V. COMMISSIONER OF POLICE
August 11, 2025BRIGBO & ORS VS EYIN PESSU & ORS
August 11, 2025Legalpedia Citation: (1974) Legalpedia (SC) 86811
In the Supreme Court of Nigeria
Fri Oct 11, 1974
Suit Number: SC. 211/1974
CORAM
DANIEL O. IBEKWE, JUSTICE, SUPREME COURT
OLUFUNLOLA OYELOLA ADEKEYE, JUSTICE, SUPREME COURT
SIR UDO UDOMA, JUSTICE, SUPREME COURT
PARTIES
PAN AFRICAN BANK LTD APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The applicant applied to stay the execution of the judgment of the lower court granting immediate possession of the premises in dispute to the respondent on grounds of substantial issue raised in the appeal.
HELD
The court granted the application but ordered the applicant to pay the mesne profit ordered by the court.
ISSUES
Whether the court ought to grant the applicants application for stay of execution in the circumstances of the case.
RATIONES DECIDENDI
EXERCISE OF DISCRETION FOR THE GRANT OF STAY OF EXECUTION
The court has discretion in granting or refusing an application for a stay of execution but it lies beyond argument that such a discretion ought to be exercised judiciously- Coker J.S.C
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EXERCISE OF DISCRETION FOR THE GRANT OF STAY OF EXECUTION
The court has discretion in granting or refusing an application for a stay of execution but it lies beyond argument that such a discretion ought to be exercised judiciously- Coker J.S.C
CASES CITED
Vaswani Trading Co. v. Savalakh & Co. (1972) 12 S.C. 77 at pages 85
STATUTES REFERRED TO
