AZU CRABBE J.A.
This is an application by the plaintiff-appellant brought under rule 28 of the Supreme Court Rules, 1962 (L.I.218), for an order of the court —
(1) Calling upon or directing the receiver appointed upon an order by the High Court, to surrender forthwith to the plaintiff-appellant possession of such of the property in dispute as had been adjudged the property of the plaintiff-appellant; and
(2) fixing a time limit within which the said receiver shall comply with the rest of the orders made by this court in its judgment of 7 August 1970.
In an affidavit filed by the defendant-respondent in opposition to the application, an objection is taken to the jurisdiction of this court founded upon the allegation that this is not an application contemplated by the Supreme Court Rules, 1962. Rule 28 of the Supreme Court Rules, 1962 states:
“28. Whenever under these rules an application may be made either to the Court below or to the Court it shall be made in the first instance to the Co…