the concept of stay order or order of suspension
If a person is facing a complaint against him before the court, whether it is criminal or a civil complaint, he should always seek the assistance of a local counsel. During the early stages of the hearing of his case, his counsel will afford him the full protection of the law and give him the best defence for his case.
However, even though the party secured the best counsel, sometimes the proceedings of his case would not be favourable to him. If the Honourable court decides the case in favour of the other party, an order will be promulgated by the court.
In most cases, thnual move for the losing party is to appeal the decision of the Honourable court to the next higher tribunal. He should always make the necessary preparation in order to convince the appellate court that the decision of the lower court is erroneous and that a favourable decision should be made in his favour. This means that the evidences presented at the Hearing should be reviewed properly and accounted in the presentation of the case of the losing party in his appeal before the appellate court.
At this stage, the order of the lower court can be enforced by the local authorities. If a party do not want this to happen, he should apply and file a stay order or order of suspension so that the Decision being contested in the appellate court can be temporarily suspended pending the appeal.
However, it should be noted that the application for a stay order or order of suspension is decided by the person who made the original decision (The Lower Court) or it can be made by another judicial officer.
Before you make any move or take any actions regarding the application for a stay order or order of suspension, you should always consult your counsel. counsel who filed the appeal to the Appellate court will usually suggest the course of action to their client including the advice whether or not to file a stay order or order of suspension.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.