Verity, Ag. P. This is a motion praying (1) for an order directing the Court below to carry out a judgment of this Court dated 16th March, 1951, for a re-hearing of certain issues, (2) for the appointment of a receiver and manager pending the determination of the suit, and (3) for an order that the plaintiff be re-admitted to occupation of certain rooms in the premises the subject of the action.
In regard to the first of these prayers no such order is necessary. There has, up to the present time, been no order staying the execution of the judgment of this Court pending an appeal to His Majesty in Council, and the order of this Court will doubtless be carried out by the Court below in due course in compliance with this Court's directions, unless and until a stay is granted.
In regard to the second and third prayers Counsel submitted that this Court is empowered to grant them by virtue of section 8 of the West African (Appeal to Privy Council) Order in Council, 1949, or alternatively that this Court has power to do so by virtue of Rules 39 and 40 of the West African Court of Appeal Rules, 1950.
Section 8 of the Order-in-Council provides that in certain circumstances this Court shall have power, “when granting leave to appeal”, either to direct that the judgment against which it is subject to appeal shall be carried into execution or that the execution shall be suspended pending the appeal. No order in either respect appears to have been made when conditional leave to appeal was granted and no application has yet been before the Court for final leave to appeal. When such leave is granted it may be that the Court, when granting it, would entertain such an application as the present, but I see no power vested in this Court by the Order-in-Council to entertain it as a substantive motion. On this footing, therefore, I think the Court has no power to make the orders prayed. At the same time, I do not wish to be understood as expressing any opinion as to whether or not any such application does fall within section 8 of the Order-in-Council or whether or not this Court has power to make any such orders as those prayed in the circumstances of this case.
As to Rules 39 and 40 of the rules, these relate to the enforcement of the judgments of this Court. The appointment of a receiver and manager and the re-admission of the plaintiff to possession are no part of the judgment of the 16th March, and this Court has now no power to add to that judgment.
On all grounds, therefore, I consider that the application fails and must be dismissed with costs.
Lewey, J.A. I concur. Morgan, J. I concur.
Application refused.