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STAY OF EXECUTION/INJUNCTION: Whether an injunction or stay of execution can proceed against a completed event

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"...Applicants did not raise any appeal against those findings and holding of the trial Court in 4. Exhibits A and B also show how the 6th Respondent complied with the said Court order. Having therefore already carried into effect the said order (in relief (f)), which Applicants would have wanted this Court to stay its execution, there is nothing left to stay. The Court cannot stop what has already been done, as that is not possible. See the Zenith Bank Plc Vs John (2015) 7 NWLR (Pt. 1458) 393, where my Lord Onnoghen JSC (now CJN) said: "It is settled law that once an execution is completed, you cannot order a stay of execution of the judgment already executed. To ask for stay of execution of an executed judgment is like offering a dead man medicine intended to cure his ailment. Put another way, closing the stable after the horse had bolted. Such a request is not grantable by a Court of law which does nothing in vain..." See also INEC Vs Mbonu (2018) LPELR - 44018 (CA); INEC Vs Nwosu (2018) LPELR - 44019 (CA). I cannot see how Applicants can succeed, in the circumstances, that what they wanted to stop what had been done and completed."

 

Per MBABA, J.C.A. in CHIEDOZIE NNAWUIHE & ORS v. BARR. HENRY OKWARA (2018) LPELR-44888(CA)



   
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