I have considered the Notice of motion dated 25th November 2024 together with the certificate of urgency and the supporting affidavit. I have also noted the documents annexed to the supporting affidavit, namely, warrants of attachment and sale of moveable property together with a proclamation issued in execution of the decree issued by the trial court. Having done so, i am satisfied that the motion is urgent and it is so certified.
I have noted that the applicant seeks leave to file his intended appeal out of time and orders of stay of execution of the decree issued by the lower court.
Given that the applicant is aggrieved by the decision of the trial court and he has both a constitutional and statutory right of appeal, i hereby exercise my discretion and grant the applicant the prayer sought on condition that the intended appeal is filed and served within the next 7 days.
Interim stay of execution of the decree issued by the trial court is also granted and shall remain in force for the intervening 7 days. The applicant can move the appellate court for substantive orders of stay of execution once the intended appeal is filed.
It is so ordered.
This file is now closed.