CaseLaw
Utilgas V. Pan African Bank (1974) CLR 10(d) (SC)
Judgement delivered on October 11th 1974
Brief
Facts
The present applicants, Utilgas Nigerian & Overseas Gas Co. Ltd., have applied to this Court for an order to stay the execution of an order of the High Court of Lagos contained in the judgment of that court dated the 15th April 1974. That order enjoins the applicants to give up possession of premises situate at Nos. 35/37. Martins Street, Lagos, on or before the 31st May, 1974. The order to give up possession was sequel to proceedings instituted in the High Court, Lagos, by the present respondents, as plaintiffs, against the applicants, as defendants, for "possession of the premises consisting of the ground-floor at 35/37 Martins Street. Lagos, let to the defendants for one year under the rent of £3.000 (N6,000) for the whole year". It seemed that in the proceedings leading to the judgment of the High Court, the plaintiffs had asked for possession of the premises concerned on grounds both of breach of covenants to deliver up possession of the premises and personal use.
Soon after the judgment of the High Court was given, the defendants applied to that court for a stay of execution of the order to vacate the premises but the application was refused by that court. Hence the present application.
Issues
What are the guiding principles in the court exercising a discretion in granting...