1. I have considered the application dated 1st February 2024 together with the affidavit sworn in support and grounds of opposition; the submissions of the parties; and the applicable law.
2. I note that judgment by lower court was issued in October, 2023. To date no memorandum of appeal has been filed in respect of the judgment.
3. The delay in filing the memorandum is almost one year at present.
4. It is trite that a court may not grant a stay of execution pending appeal where no substantive appeal exists, or memorandum in respect of the same has been filed. The same would amount to a stay in perpetuity.
5. I am further satisfied that the period of delay as set out above is prolonged given that it has been almost one year since the judgment was published.
6. Based on the reasons set out above, the application dated 1st February 2024 is dismissed with costs.
2. I note that judgment by lower court was issued in October, 2023. To date no memorandum of appeal has been filed in respect of the judgment.
3. The delay in filing the memorandum is almost one year at present.
4. It is trite that a court may not grant a stay of execution pending appeal where no substantive appeal exists, or memorandum in respect of the same has been filed. The same would amount to a stay in perpetuity.
5. I am further satisfied that the period of delay as set out above is prolonged given that it has been almost one year since the judgment was published.
6. Based on the reasons set out above, the application dated 1st February 2024 is dismissed with costs.