It is a well settled position of the law that an appeal against a decision will not operate as an automatic stay of execution against such judgment. The grant or refusal of an application for stay of execution will always depend on consideration of the facts in a given case under consideration. It is trite law that where the judgment of a court of competent jurisdiction is not manifestly illegal or wrong, the judgment appealed against would be presumed to be correct or rightly made until the contrary is proved or established. For this reason, the court will not ordinarily make a practice of denying a successful litigant of the fruits of his success unless under very special circumstances. See In Re: Diamond Bank Ltd. (2002) 17 NWLR (Pt.795) 120.
— S. Kado J. Ayangbade v. UBA (NICN/YL/05M/2020, 9th February 2021)