JUDGEMENT
The applicant sought to strike out a notice of appeal filed by the respondent against the High Court’s ruling whereby the applicant was denied a stay of execution of a decree which had been filed for the purpose of enforcing an arbitration award.
After several unsuccessful attempts to set aside the arbitrator’s award, the respondent filed a Notice of Appeal to the Court of Appeal and concurrently therewith sought stay of execution under rule 5(2)(b) of Court of Appeal Rules. The Court granted a stay but on condition that the respondent deposits a bankers bond.
Apart from attacking the competency of the appeal, the applicant argued that the Notice of Appeal was incompetent as it was not served on all parties directly affected by it and more particularly in this case the applicant.
The applicant thus sought that the notice of appeal be struck out because there was no right of appeal, and on account of the failure to serve the notice of appeal. It also prayed that the stay order of…