T. O. Oladapo & Anor V. African Continental Bank Ltd & Anor (1950)

LawGlobal Hub Judgment Report – West African Court of Appeal

Stay of execution refused by trial Court–Power of this Court to grant stay
of execution considered.

Facts

This was an application for a stay of execution pending the hearing of an appeal, a stay having been refused by the trial Court. Subsequent to that refusal two creditors of the respondent had served the appellant with garnishee orders. It was apparent to this Court that unless a stay of execution was granted, the prospect of the appellant recovering his money if he succeeded was remote.

Counsel for the respondent submitted that as an appeal had not yet been fled, this Court could not entertain the application.

Held

Rule 17 of the West African Court of Appeal Rules of Court was identical with Order LVIII, rule 16 of the R.S.C. in England. A stay of execution can be entertained on an undertaking by the appellant that if a stay be granted, the appeal will be entered within period fixed by Court and that he will prosecute the appeal with due diligence.

A stay of execution was granted on an undertaking being given to this effect.

Application allowed.