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Vaswani Trading Co. v. Savalakh & Co.

(1972) JELR 33876 (SC)

Supreme Court  •  SC.164/1972  •  15 Dec 1972  •  Nigeria

Coram
TASLIM OLAWALE ELIAS JSC; GEORGE SODEINDE SOWEMIMO JSC; GABRIEL B.A. COKER JSC;

Judgement

COKER, JSC (Delivering the Leading Ruling): This motion raises in a very neat form a matter of practice which is of paramount importance and as, understandably, there is a total lack of statutory provisions on the matter, the issues for determination need rather close examination. Judgment for possession of premises situate and known as No. 9, Ereko Street, Lagos, was given against the present applicants (as defendants to the action) by the High Court, Lagos, on the 29th July, 1972. The present applicants have appealed to this Court against that judgment and they seek in the meantime that the order for possession might be stayed until the determination of their appeal to this Court. Section 24 of the Supreme Court Act provides as follows:-

"24. An appeal under this part shall not operate as a stay of execution, but the Supreme Court may order a stay of execution either unconditionally or upon the performance of such conditions as may be imposed in accordance with rules of court.", an…

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