' The application dated 21.11.23 has been considered.
I find that a stay of execution sought in the present matter would occasion the granting of a negative order. The same is not capable of being granted and I decline to grant the same.
As regards the prayer seeking leave to appeal. The Applicant sought to secure leave from this Honourable Court to appeal against the Ruling dismissing the Objector Application because it is not one of the listed orders or instances that are appealable as of right under section 75(1) or Order 43 Rule 1 of the Civil Procedure Rules.
The argument made by the Applicant was that the Debenture includes the Objector/Applicant interest in the assets proclaimed by the Decree Holder. In particular, that the assets are subject to a Floating Charge created in favor of the Applicant. Out of abundance of caution, I find that this is an issue that warrants ventilation before the appellate court.
The prayer seeking leave to appeal is accordingly granted. The application is allowed in part only based on the terms set out above.
The file is marked as closed.
'
I find that a stay of execution sought in the present matter would occasion the granting of a negative order. The same is not capable of being granted and I decline to grant the same.
As regards the prayer seeking leave to appeal. The Applicant sought to secure leave from this Honourable Court to appeal against the Ruling dismissing the Objector Application because it is not one of the listed orders or instances that are appealable as of right under section 75(1) or Order 43 Rule 1 of the Civil Procedure Rules.
The argument made by the Applicant was that the Debenture includes the Objector/Applicant interest in the assets proclaimed by the Decree Holder. In particular, that the assets are subject to a Floating Charge created in favor of the Applicant. Out of abundance of caution, I find that this is an issue that warrants ventilation before the appellate court.
The prayer seeking leave to appeal is accordingly granted. The application is allowed in part only based on the terms set out above.
The file is marked as closed.
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