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The Judgment debtor/applicant by a motion on notice dated and filed on 19th December, 2013 prayed for an order staying the execution of this court’s Judgment delivered on 10th January, 2013 pending the hearing and determination of the appeal against the Judgment of this court at the Court of Appeal. The applicant also prayed for an order of injunction restraining the judgment debtor from commencing and/or continuing any enforcement proceedings or actions in respect of, pertaining to, or flowing from the Judgment of this court delivered on 10th January, 2013. The said motion is supported by a 13 paragraph affidavit, a written address and a notice of appeal without an appeal number and urged this court to grant its application. The applicant cited the following cases to support this application – City Ex. Bank Ltd v. Lagos State Govt. [2004] 7 NWLR (pt. 872) 258, Shittu Ogunremi v. Chief Dada [1962] 1 All NLR 670, Martins v. Nicannar Food Company [1988] 2 NWLR (pt. 74) 83, Nwabueze v. Nwosu [1988] 4 NWLR (pt. 88) 257, Ifeadi v. Atedze [1995] 5 NWLR (pt. 394) at 221 and Ceekay Traders Ltd v. General Motors Co. Ltd [1992] 2 NWLR (pt. 222) 132 among others cited. Opposing the application, the judgment creditor by leave of the court filed a counter affidavit of 13 paragraphs and a written address along with an exhibit. The respondent also cited the following authorities to support his argument. Udeh v. Okoli & Ors [2009] 3 MJSC 1 at p. 18, Babington-Ashaye v. E.M.A.G. Ent. (Nig) Ltd [2011] 10 NWLR (pt. 1256) p. 479 at 540, Mobil Oil (Nig) Ltd v. Assam [1995] 8 NWLR (pt. 412) p. 129 and Mobil Oil Ltd v. Agadaigho [1988] 4 SC 273 at p. 286 among other authorities cited. The applicant also filed a reply on points of law to the judgment creditor’s written address in opposition to the application for stay of execution and urged this court to grant the stay. Having carefully considered this application along with the authorities cited together with the submission of both counsel, the only issue for determination is whether this court should grant a stay of execution in the circumstance of this case. Section 47 of the National Industrial Court Act 2006 and the appellate courts have laid down guiding principles which are to be taken into account when considering whether or not to grant a stay of execution. See Olojede v. Olaleye [2010] 4 NWLR (pt. 1183) p. 1 at 41, Martins v. Nicannnar Food Co. Ltd [1988] 2 NWLR (pt. 74) p. 75, Shodeinde v. Regd. Trustees of Ahmadiya Movt in Islam [1980] 1, 2, SC 163, Vaswani Trading Co. Ltd v. Savalakh & Co [1972] 12 SC, 77 among others. Also in Olulonyo v. Adediran [2001] 14 NWLR (pt. 734) 699 at 709, the Supreme Court held inter alia that “A stay of execution will only be granted if and only if the court is satisfied that there are special or exceptional circumstances to warrant doing so ….” In the instant case the applicant has not been able to show to the court any exceptional circumstances warranting this court to grant this application. More importantly also an application such as this is predicated on the existence of a valid appeal before the Court of Appeal. The Supreme Court has held in a number of cases that before an application for stay of execution can be competent and valid, an appeal from the decision sought to be stayed must first of all be filed by the party applying for the stay of execution. See Mobil Oil Ltd v. Agadaigho [1988] 4 SC 273 at p. 286. In the instant case there is no evidence before me that there is a valid appeal at the Court of Appeal. What is exhibited by the applicant is a mere notice of appeal without more. There is no appeal number e.t.c. to show the existence of an appeal before the Court of Appeal. A mere intention to appeal without more cannot avail the applicant. I therefore agree with the submission of the respondent that the applicant having not filed an appeal challenging the Judgment of this court cannot bring an application for its stay or seek an injunction restraining its enforcement. I am therefore of view that the absence of a valid appeal against the Judgment of this court renders the application seeking its stay incompetent. In any event, in NNPC v. BCE consulting Engineers [2004] 2 NWLR (pt. 858) 484 at 498, Galadima JCA (as he then was) delivering the lead ruling held inter alia: “An important or recondite point of law should not per se warrant a stay of execution unless it also produces a special circumstance”. Also in T.S.A (Ind.) Ltd v. Kema Investment Ltd [2006] All FWLR (pt. 300) 1564 at 1576, Ogbuagu JSC held: “Of course, and this is settled that where an applicant has a wonderful, substantial, impressive and arguable grounds of appeal, it is not a special circumstance for granting a stay. In other words it is not every case where grounds of appeal raise point or points of law that stay of execution will be granted”. On the strength of the above erudite and profound statements of my Lords cited above and after comparing the competing interests of the parties in this case, I hold that the applicant has not shown exceptional circumstances to warrant the exercise of such discretion in its favour. I hereby refuse and so dismiss this application. I make no order as to cost. Ruling is entered accordingly. …………………………………… Hon. Justice J. T. Agbadu Fishim