Grant Of Interim Orders

There are three types of interim orders that can
be applied pending appeals:
1.    Stay of execution
2.    Order for stay of proceedings
3.    Injunctions.
When a party is aggrieved by the judgement given and he files an appeal against that decision such a party will usually wish that the decision he is appealing against is not enforced.  This he does by appealing for interim orders pending the determination of his appeal.
Justice as we know is not a one way traffic. It must take into account, and balance the conflicting rights of the parties.  The grant of these orders is a discretionary one, so it must be exercised judicially and judiciously, between the application and the respondent.
The applicant must show a substantial reason to warrant a deprivation of the successful party of the fruits of his judgement.  Such circumstance may arise in situations where unless the order is granted, the subject matter of the proceedings will be destroyed, or it will foist on the court of appeal a situation of complete helplessness or even render nugatory any order(s) of the court of appeal.
In the case of Martins V. Nicannar Food Co. Ltd (1988) 2 NWLR 75 at 83.  The Supreme Court  listed the principles which should apply in the consideration of whether or not to grant stay of execution.  They are: 1) The chances of the applicant on appeal.
2) The nature of the subject matter in dispute to whether maintaining the status quo until a final determination of the appeal in the case would bring justice.
c) Whether if the appeal succeeds the applicant would not be able to reap the benefits of the judgement on appeal.
4) Where the judgement is in respect of money and cost whether there is a reasonable probability of recovery, the money from the respondent if the appeal succeeds.
An order for stay of proceedings suspends the proceedings in the lower court until an appeal on an issue arising therefrom is determined by the appellate court.  Such an order is generally an interlocutory one.  After the decision of the appellate court, the proceedings in the lower court resumes subject to that decision.  Both the claimant and the defendant can apply for this order.  For injunctions, there are different types; interlocutory injunction is applied for after the action has been distributed and remains in force unless there is a subsequent contrary order, until the final hearing of the suit.  While interim injunction is one which the defendant is restrained not until the final hearing.  Interim injunction is of a shorter duration than interlocutory injunction.  It ends on the day specified in the order.
Note that the jurisdiction of the High Court to entertain an application for interim orders pending appeal is limited to anytime after the notice of appeal have been filed in the High Court or leave to appeal has been granted and before the court of appeal becomes seized of the matter.  A person cannot apply for stay of proceedings in an action which he is not a party.

Nkechi Bright Ewere