The National Industrial Court of Nigeria has dismissed an application for a stay of execution of a judgment against the Lagos Travel Inn Hotel Limited. The hotel sought to stay execution of a N10.3 million judgment awarded in favour of its former room attendant, Emmanuel Abah. Abah was injured in his left ankle by a malfunctioning elevator at the hotel while discharging his duty on November 13, 2013. After his demand for compensation was ignored, Abah, through his lawyer Daniel Onwe sued on November 19, 2014. Justice J. D. Peters last October 12 delivered a judgment awarding N10.3 million to Abah. The hotel (judgement-debtor) on March 5 filed a motion to stay the judgment’s execution. In an affidavit in support of the motion, the hotel said it “does not have the resources to pay the monetary judgment awarded”, adding that its financial position could not sustain the payment of such amount without its “business collapsing totally”. Abah (judgment-creditor), in his counter-affidavit, attached a photograph of a building recently completed by the hotel and its room rates, which range from N12,000 to N80,000 per night. Onwe drew the court’s attention to the fact that the judgment-creditor had no competent appeal; therefore, there was no basis for an application for stay of execution pending appeal. The hotel’s lawyer, Olawole Oke, told the court that there was a proposed Notice of Appeal. The court held that a proposed Notice of Appeal does not amount to an appeal. After dismissing the motion for stay of execution, the court awarded N20,000 cost against the hotel.]]>

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