On June 6 2013, the Court of Appeal gave judgment in this action against the Defendants/Appellants/Appellants/Respondents who are hereafter described as the appellants/respondents and in favour of the Plaintiff/Respondent/Respondent/Applicant who is hereafter described as the respondent/applicant. The facts in that action are not relevant to recount in this application which is for an order directed at the appellants/respondents to provide bank guarantee pending the hearing and determination of their appeal to this court, as ordered by the Court of Appeal in an earlier decision. What matters is that the losing party filed an appeal against the Court of Appeal judgment to this court. In view of what transpired in court when counsel for the respondent/applicant sought to argue the present application, it has become necessary to dispose of some preliminary but fundamental procedural matters before proceeding to consider the application.
In order to appreciate the prelimina…