JUDGMENT & APPLICATIONS PENDING APPEAL

Question 1

Can a judgment be read where a judgment is merely absent?

Answer 1

YES! it may be read or pronounced
S 294(2)

Question 2

Can a judgment be read where the judge is dead or retired?

Answer 2

NO! such judgment will be a nullity.
It must be pronounced.

Question 3

Can the judgment of an high court be read by a judge of another high court in his absence?

Answer 3

Generally no but the law provides some exceptions
1. Where it won’t lead to a miscarriage of justice
2. Where the judgment has been written, signed and sealed by the judge
3. Where it is impracticable for the judge to deliver his judgment

Question 4

time to appeal interlocutory judgement?

Answer 4

14 days from the delivery of the judgment.

Question 5

What is non suit judgment?

Answer 5

Non-suit is appropriate where there is no satisfactory evidence enabling the court to give judgment to either of the parties. It should only be made where dismissal of the case will work hardship on the claimant and the non-suit will not result to injustice on the defendant.

Note that the power of a court to enter a non-suit is not inherent in the court rather must be expressly conferred by statute before the court grant such non-suit
CRAIG V CRAIG

Question 6

What is the effect of a non suit order?

Answer 6

• It allows the claimant the opportunity to bring the same action against the defendant without the defendant being able to plead res judicata.
• It is of the same effect as an order striking out a case
• The order of non-suit is not a final decision and can be appealed against.

Question 7

When can a judgment be reopened/amended?

Answer 7

1. To correct clerical mistakes
2. Accidental omissions and slips
3. To set aside default judgment(on appearance)
4. Lack of jurisdiction
5. Entertaining applications from stay of proceedings

Question 8

How is an application for stay of execution brought?

Answer 8

FILE MON+A+WA at the lower court
-Motion on Notice
-Affidavit
-Written Address
-Notice of Appeal

Question 9

When can you file stay of execution in the appellate court?

Answer 9

1. The application was refused at the lower court
2. You are filing out of time.
3. The CA is already handling the notice of appeal
   File to the appellate court within 15 days

Question 10

Documents to attach to your appeal for stay of execution where the court of appeal is already seised of the matter?

Answer 10

1. Notice of motion
2. Affidavit
3. Written Address
4. CTC of the Notice of Appeal
5. CTC of the ruling of the lower court refusing the appeal
6. CTC of ruling appealed against

Question 11

Conditions that must be fulfilled for stay of execution?

Answer 11

1. Substantial legal questions on novel area of law
2. Special circumstances
3. If the stay is not granted, the decision of the appeal court will be rendered nugatory

LIJADU V LIJADU

Question 12

When can stay of proceedings be used?

Answer 12

Questions as to jurisdictions of the court.
NALSA TEAM ASSOCIATES V NNPC

Question 13

Purpose of injunction pending appeal?

Answer 13

For the purpose of maintaining the status quo pending the determination of an appeal.
POLIN V GRAY

Question 14

When is injunction pending appeal often used?

Answer 14

1.The Claimant’s claim is dismissed; or
2. Judgment is declaratory; or
3. Where an interlocutory injunction was earlier refused by the trial court