RULING
This is the ruling in respect of Motion on Notice for Stay of Execution pending Appeal filed on 2nd September 2016 for an order to stay the execution of a judgment delivered by this Court on 10th June 2016. The grounds canvassed for the judgment to be stayed are two. They are contained in paragraphs 8 and 9 of the affidavit in support as follows:
“8. That I state that the Appeal has a good chance of success and if the judgment is not stayed the plaintiff…would take steps that would injure the interest of the 1st defendant/appellant/applicant which cannot be adequately compensated for if the appeal is successful
9. That I am also advised and verily believe same to be true that the plaintiff…may also create a third party rights in the land which may complicate the recovery of the land in dispute should the appellants succeed in the appeal”
The Plaintiff/Judgment/creditor/Respondent opposed the application and his grounds are contained in paragraphs 5 to 11 as follows…