A stay of execution only prevents the plaintiffs or beneficiary of the judgment or order from putting into operation the machinery of the law, the legal process of warrants of execution and so forth. An order for stay pending appeal therefore can only be granted in respect of executory judgment or order. But the judgment of the Court of Appeal is not an executory order.
— Agbaje JSC. Okoya & Ors. V. S. Santilli & Ors. ( SC.206/1989, 23 MAR 1990)
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The general principle guiding Applications for Stay of Proceedings is that there must be a valid and subsisting appeal. See NIKA FISHING CO. LTD v. LAVINA CORPORATION (2008) LPELR-2035 (SC) Pg. 27 – 30, Paras. B – C; APM TERMINALS LTD and ANOR v. OKONKWO (2017) LPELR-42318 (CA) Pg. 12-14, Paras. E – A, and REGISTERED TRUSTEES OF ASSEMBLIES OF GOD MISSION OF NIGERIA v. TORT [2017] LPELR-43059 (CA) Pg. 15, Paras. B – E where this Court held that “…for a stay of proceedings to be granted, there should be a pending appeal and the appeal must be valid.”
— T. Abubakar JCA. Olukoya Ogungbeje Esq. v. EFCC (CA/L/1408/2017, 18 Jul 2018)
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