Stay of Execution

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3 documents
Title
Date
Court continued stay of execution pending appeal, dismissed disclosure application as otiose, and ordered parties to agree arrangements within 28 days.
Civil procedure – stay of execution pending appeal – discretion guided by interests of justice; disclosure/production of financial documents – otiose and irrelevant where stay already granted; interlocutory directions to agree arrangements.
Judgment 30 October 2024
Stay of execution upheld where registry-caused appeal delay and respondent’s concealment of related conviction negated discharge.
Forfeiture and stay of execution – application to discharge stay for alleged inordinate delay – duty of Registrar/Registry to prepare record of appeal – shortcomings in record not attributable to appellant – concealment of parallel money-laundering conviction involving same seized funds – discretion to refuse relief and award costs.
Judgment 19 June 2024
Applications for stay and enlargement of time dismissed as premature and incompetent for lack of jurisdiction; costs awarded to respondent.
Civil procedure — stay of execution — Applicant must first apply to court below (Order I r.18); stay exceptional and discretionary; Enlargement of time — where order made in chambers leave to appeal required (s.21 SCA Act); Appeals premature before assessment of damages — inchoate judgment; Wrong procedural provision renders application incompetent.
Judgment 19 May 2023