JOHN AKUJOBI NWABUEZE V. OBIOMA NWOSU

E. B. CRAIG, J.S.C. (Delivering the Leading Judgment): On the 28th of June, 1988, the court allowed this appeal, and adjourned till today to give reasons for doing so. I now give my reasons for agreeing that the appeal be allowed.

The whole appeal is concerned with the order for a stay of execution granted to the Respondent by the High Court, Aba which order was confirmed by the Court of Appeal, Enugu.

It is not in dispute that the trial Court had a discretion to grant a stay, but the main point in this appeal is whether that court had exercised its discretion judiciously having regard to all the circumstances of the case.

In this respect, I should like to refer to the principles laid down by this court in several decided cases to the effect that it will not interfere in the exercise of the discretion of a lower court unless the exercise of such discretion is "manifestly wrong, arbitrary, reckless or injudicious" -

See per Nnamani, J.S.C. in University of Lagos v. Olaniyan (1985) 1 …