I have considered the Respondent’s application for stay of execution in the Notice of Motion dated 25th April 2024 in light of the Affidavits and rival submissions. I am satisfied that the same has merit. Moreover, Sections 92(6) and 97 of the Proceeds of Crime and Anti-Money Laundering Act imply that a forfeiture order does not take effect until an appeal filed thereto is concluded. In the circumstances, the Notice of Motion is allowed but as the Respondent/Applicant has exhibited only the Notice of Appeal but not the Memorandum of Appeal, should there be no appeal filed within 30 days of this ruling, then the stay granted shall lapse. It is also further ordered that the motor vehicle shall remain preserved, in the custody of the Assets Recovery Agency/Respondent, as envisaged in Section 97 of the Proceeds of Crime and Anti-Money Laundering Act.
The costs of this application shall abide the appeal.
Orders accordingly.
Signed, dated and delivered virtually on this 30th day of May, 2024.