SPECIAL CIRCUMSTANCES FOR GRANTING A STAY

• Date: 06 February 2019

(1) "Special circumstances must concern matters that are peculiar in the way they affect or are likely to affect a subject-matter and ought to be taken into proper consideration by the Court in order to reach an equitable or acceptable decision in respect of that subject matter so that, in addition, the Court is well able to maintain full control over the situation and the proceedings. This involves taking account of all relevant matters which are in themselves collateral circumstances combining to form a strong factor for the grant of a stay." - Per Uwaifo, J.C.A., in Odogwu v. Odogwu Suit No. CA/L/21/90; (1994) 1 N.W.L.R. (Pt. 323) 708 at 715.

(2) "The time-honoured general principle stated in Vaswani Trading Company v. Savalakh & Company (1972) 12 S.C. 77 at 82 - 83 is a useful guide always. I shall quote part of the relevant opening passage of the general principle as therein stated along with the last sentences further explanatory of that principle which, thus put inter alia reads: - "When it is stated that the circumstances or conditions for granting a stay should be special or strong we take it as involving a consideration of some collateral circumstances and perhaps in some cases inherent matters..... All rules governing stay of actions or proceedings, stay of executions of judgments or orders and the like, are but corollaries of this general principle and seek to establish no other criteria than that the Court, and in particular the Court of Appeal, should at all times be master of the situation and that at no stage of the entire proceedings is one litigant allowed at the expense of the other or of the Court to assume that role." - Per Uwaifo, J.C.A., in Odogwu v. Odogwu Suit No. CA/L/21/90; (1994) 1 N.W.L.R. (Pt. 323) 708 at 714 - 715.

(3) "Facts and conditions do vary from case to case but the general principle as enunciated in Vaswani Trading Co. v. Savalakh and Co. (1972) 12 S.C. 77 at 82 as I see it, is able to accommodate any emerging aspects of special circumstances. All that is required is to deal with every situation with due care and caution, and also judicially, having regard to all the circumstances of the case as in all matter requiring the exercise of discretion. See: Austen v. Collins (1880) 54 E.T. 903 at 905; Guaranty Trust Co., of New York v. Hannay & Co. (1915) 113 L.T. 98 at 100; Burghes v. Attorney-General (1911) 2 Ch. 139 at 156." - Per Uwaifo, J.C.A., in Odogwu v. Odogwu Suit No. CA/L/21/90; (1994) 1 N.W.L.R...