'1. I have considered the application dated 9th April 2024 together with the affidavit sworn in support and the reply affidavit was sworn on 25th April 2024.
2. The applicant did not file its submissions in over five months despite directions from the court directing it to do so. On the day scheduled for the hearing the applicant stated said its counsel was elsewhere, and could not appear. The advocate holding brief said she did not have sufficient instructions to prosecute the matter.
3. The court nonetheless proceeded with the hearing noting that the Orders of Majanja, dated 22nd December 2021, were issued almost five years ago. The same orders granting stay of execution were conditional on the filing of an application in the court of appeal. The court appeal has since then, on two occasions denied the applicant a stay of execution. The said rulings are found as exhibits to the replying affidavit.
4. Based on the record, it is evident on 23 April 2021 an application for stay an extension of orders was declined by the court of appeal. Further, on 4th March 2022, the court of appeal again declined to grant the same orders sought. On 18 January, 2022 the applicant filed and later withdrew another application for stay.
5. I note that the arbitral Award itself was adopted as a judgement and decree of the court on 14 September, 2020 by Majanja, J. Since then, the respondent has been waiting to execute in respect of the award and has been highly prejudiced by the delay.
6. It is also evident that the initial stay granted by Majanja, J was time bound and contingent. And, thereafter, the court of appeal declined to extend time to file a Notice of Appeal in respect of the ruling on the Section 35 application seeking to set aside the Award. This ruling was issued on 23 April 2021.
7. Based on the record as set out above, I am persuaded that the Application is in every sense of the word, res judicata, and an abuse of court process. There is no possibility of an appeal in relation to the Award, and no basis for a stay of execution.
8. The Application is dismissed with costs.
9. The file is marked as closed. '
2. The applicant did not file its submissions in over five months despite directions from the court directing it to do so. On the day scheduled for the hearing the applicant stated said its counsel was elsewhere, and could not appear. The advocate holding brief said she did not have sufficient instructions to prosecute the matter.
3. The court nonetheless proceeded with the hearing noting that the Orders of Majanja, dated 22nd December 2021, were issued almost five years ago. The same orders granting stay of execution were conditional on the filing of an application in the court of appeal. The court appeal has since then, on two occasions denied the applicant a stay of execution. The said rulings are found as exhibits to the replying affidavit.
4. Based on the record, it is evident on 23 April 2021 an application for stay an extension of orders was declined by the court of appeal. Further, on 4th March 2022, the court of appeal again declined to grant the same orders sought. On 18 January, 2022 the applicant filed and later withdrew another application for stay.
5. I note that the arbitral Award itself was adopted as a judgement and decree of the court on 14 September, 2020 by Majanja, J. Since then, the respondent has been waiting to execute in respect of the award and has been highly prejudiced by the delay.
6. It is also evident that the initial stay granted by Majanja, J was time bound and contingent. And, thereafter, the court of appeal declined to extend time to file a Notice of Appeal in respect of the ruling on the Section 35 application seeking to set aside the Award. This ruling was issued on 23 April 2021.
7. Based on the record as set out above, I am persuaded that the Application is in every sense of the word, res judicata, and an abuse of court process. There is no possibility of an appeal in relation to the Award, and no basis for a stay of execution.
8. The Application is dismissed with costs.
9. The file is marked as closed. '