1. I have considered the Application dated 18th October 2024 together with the affidavit in support and the reply in opposition to the same. The same seeks extension of time and a stay of execution pending the hearing and determination of the appeal.
2. The applicant submitted that the conditions in relation to deposit of security issued by this court have been complied with. Namely, the entire decretal sum has been deposited in court. The applicant is accordingly, directed to furnish the respondent with evidence of the same by close of the day. The below orders in relation to stay are based on the said condition having been complied with.
3. As regards the delay in filing the memorandum of appeal, counsel for the appellant submitted that the reason for the delay was that it was not on record at the time the judgment was delivered and therefore instructions were delayed.
4. In opposition to the application, the respondent submitted that there was an extended delay; and it was not aware that security had been tendered.
5. I note that the period of delay is approximately 6 months. I do not think that the same is inordinate. I do not think allowing the application in the present circumstances will prejudice the parties.
6. The application is accordingly allowed save that the applicant shall pay the costs of the application given that it is the party seeking extension of time.
2. The applicant submitted that the conditions in relation to deposit of security issued by this court have been complied with. Namely, the entire decretal sum has been deposited in court. The applicant is accordingly, directed to furnish the respondent with evidence of the same by close of the day. The below orders in relation to stay are based on the said condition having been complied with.
3. As regards the delay in filing the memorandum of appeal, counsel for the appellant submitted that the reason for the delay was that it was not on record at the time the judgment was delivered and therefore instructions were delayed.
4. In opposition to the application, the respondent submitted that there was an extended delay; and it was not aware that security had been tendered.
5. I note that the period of delay is approximately 6 months. I do not think that the same is inordinate. I do not think allowing the application in the present circumstances will prejudice the parties.
6. The application is accordingly allowed save that the applicant shall pay the costs of the application given that it is the party seeking extension of time.