CORAM
COKER JUSTICE, SUPREME COURT
SOWEMIMO JUSTICE, SUPREME COURT
IBEKWE JUSTICE, SUPREME COURT
PARTIES
VASWANI TRADING COMPANY APPELLANTS
RESPONDENTS
AREA(S) OF LAW
SUMMARY OF FACTS
The Respondent is the beneficiary of a Judgment for possession of premises. The applicant application for stay of execution was dismissed and the respondent has taken possession of the property. The applicants have further applied for stay.
HELD
Stay of execution granted.
ISSUES
Application for stay of execution of the judgment of the High Court pending the determination of their appeal to this court, notice of which has already been filed by them.
RATIONES DECIDENDI
PRINCIPLES GUIDING THE GRANT OF A STAY OF EXECUTION
“When the order or judgment of a lower court is not manifestly illegal or wrong, it is right for a court of appeal to presume that the order or judgment appealed against is correct or rightly made until the contrary be proved or established and for this reason the Court of Appeal, and indeed any court, will not make a practice of depriving a successful litigant of the fruits of his success unless under very special circumstances” Per G. B.A. Coker, JSC
PRINCIPLES GUIDING THE GRANT OF A STAY OF EXECUTION
“When it is stated that the circumstances or conditions for granting a stay should be special or strong we take it as involving a consideration of some collateral circumstances and perhaps in some cases inherent matters which may, unless the order for stay is granted, destroy the subject-matter of the proceedings or foist upon the court, especially the court of appeal, a situation of complete helplessness or render nugatory any order or orders of the court of appeal or paralyse, in one way or the other, the exercise by the litigant of his constitutional right of appeal or generally provide a situation in which whatever happens to the case, and in particular even if the appellant succeeds in the Court of Appeal, there could be no return to the status quo” Per G. B.A. Coker, JSC
NOTICE OF APPEAL WILL SUFFICE FOR A STAY OF EXECUTION
“notice of appeal to a superior court, if duly given to a lower court, should be deemed to operate in every case as a stay of execution of the decision of that lower court. Judges are entitled to be trusted not to disregard the existence of such notice” Per G. B.A. Coker, JSC
CASES CITED
The Annot Lyle (1886) 11 p.114 at p.116
Sanni v. Otesanya SC.8/70 decided on the 3rd February, 1970
Shekoni v. Ojoko (1954) 14 WACA 504).
Ikabala & Ors. v. Ojosipe (1972) 4 SC.86 at p.92
STATUTES REFERRED TO