In the Notice of motion dated 19th September 2024, the applicants through their learned counsel principally seek two main orders, that is, stay of execution of the lower courts judgement delivered on 10th July 2024 and leave to challenge that judgement on appeal out of time.
I have duly considered the application together with the supporting affidavit and the annextures thereto. I have decided to dispose of the application Ex -parte since doing so in my view will not occasion any prejudice on the respondent and will expedite conclusion of the application.
I have noted from the grounds anchoring the motion and the depositions in the supporting affidavit the explanation given by the applicants for failure to file their intended appeal on time. I have also noted from the annexed court proceedings that the same were certified by the lower court on 8th August 2024 and for this reason, i am satisfied that the instant application was filed without unreasonable delay.
The annextures to the supporting affidavit also reveals that the applicants have already prepared the record of their intended appeal. The grounds raised in the intended appeal cannot be said to be frivolous . Taking all relevant factors into account including the applicants constitutional right to appeal and the greater interests of justice, i hereby exercise my discretion and allow the application on terms that the Applicants file and serves their intended appeal within next 14 days in default of which leave granted will automatically lapse.
i decline to grant interim orders of stay of execution since the applicants have not demonstrated that execution is imminent.
As the application has not been served on the respondent, i make no orders as to costs.
This file is now closed.