This is an application for stay of execution. I have read the application and the supporting affidavit. I have also read the affidavit in opposition filed by the Respondents. Regard has been given to the oral submissions made by both counsel. I have also given consideration to the relevant rules of the High Court (Civil Procedure) Rules, 2004 C.I. 47.
The decision of the Court which is the subject of Appeal empowers the Applicant/Respondent to take possession of the property the subject matter of the originating motion. The Respondents have indicated that the 2nd Respondent is living in this property with his families.
A court has a duty to weigh the inconvenience that a stay or refusal thereof shall cause the parties. In the instant case, weighing the inconvenience to the parties, I am of the view that the applicants herein shall suffer more inconvenience and hardship should the application be refused. In any case, should the appeal fail, and the decision of the court is affirmed, the …