Whether Execution of Monetary Judgment Can Be Stayed

CASE TITLE: BLUE ARROW TSW LTD v. EJEKWUMADU (2022) LPELR-57909(CA)

JUDGMENT DATE: 4TH JULY, 2022

PRACTICE AREA: PRACTICE AND PROCEDURE

LEAD JUDGMENT: MUHAMMAD IBRAHIM SIRAJO, J.C.A.

SUMMARY OF JUDGMENT:

INTRODUCTION:

This is a ruling on an application for an order to deposit a judgment sum in an interest yielding account.

FACTS:

The Respondent/Applicant was the Human Resources and Training Manager of the Appellant/Respondent whose appointment was terminated following his refusal to accept 60% pay cut in his salary. As Claimant, the Applicant challenged the propriety of the termination of his appointment and the Appellant’s discrimination between its foreign and Nigerian staff in respect of wages and benefits attached to their employment, before the National Industrial Court.

The Appellant counter-claimed against the Respondent. In a judgment delivered on 18/03/2021, the National Industrial Court, sitting in Lagos, while dismissing the Defendant’s counter-claim, found for the Claimant and ordered the Defendant to pay various sums of money, both in Naira and US Dollars, to the Claimant within 30 days.

Dissatisfied with the decision of the trial Court, the Appellant filed an application for leave to appeal.

Pending the grant of leave to the Appellant, the Respondent filed the application, subject matter of this Ruling, on 16/07/2021, in which he prayed for an order directing the Appellant/Respondent to deposit the judgment sum in an interest yielding account in the name of the Chief Registrar of the Court of Appeal pending the determination of the appeal against the said judgment.

ISSUES FOR DETERMINATION:

The application was determined on the following issue viz:

“Whether in the interest of justice the orders sought by the Respondent/Applicant ought to be granted.”

DECISION/HELD:

On the whole, the application was partly granted. Consequent upon this, the Court of Appeal ordered that the sums of money adjudged by the trial Court as payable by the Appellant/Respondent to the Respondent/Applicant be deposited in an interest yielding account in the name of the Chief Registrar or Deputy Chief Registrar of the Court of Appeal pending the determination of the appeal.

RATIOS:

• JUDGMENT AND ORDER – STAY OF EXECUTION OF JUDGMENT: Nature of stay of execution of judgment
• JUDGMENT AND ORDER – JUDGMENT OF COURT: When does a judgment of court to pay money take effect
• PRACTICE AND PROCEDURE – SPECULATION: Whether Court can act on speculations
• EVIDENCE – ADDRESS OF COUNSEL: Whether address/argument of counsel can take the place of evidence