This is an application for an order of interlocutory injunction brought by the 1st Defendant/Appellant/Applicant, hereinafter called the 1st Defendant against the Plaintiffs/Respondents/Respondents, hereinafter called the Plaintiffs. The main point in the application is that the Plaintiffs have taken steps to execute a judgment obtained against the 1st and 2nd Defendants at the High Court. The judgment is the subject of an appeal which is still pending. That if the plaintiffs and the Deputy Sheriff are not restrained they will execute the judgment to his detriment. The application was opposed on stated grounds, among which is the fact that the appeal is out of time; that the Defendants have had the use of Plaintiffs’ money for too long and should thus be made to pay; that this is actually a stay of execution brought under the guise of an interlocutory injunction.
The case started at the High Court when the Plaintiffs sued out a writ of summons claiming a specific…