JOWAK SAWMILLS LTD V. THE ATTORNEY –GENERAL & ORS

RULING

DUOSE J.A

The Appellant/Applicant herein, the Forestry Commission applied to this court, differently, constituted praying for a stay of execution of a judgment of the High Court against which it had appealed.  On the 23rd day of March 2011 this court differently constituted refused to grant the application in the following words.  

“we are of the view that the Applicant has not sufficiently and satisfactorily demonstrated that there are exceptional circumstances warranting the necessary consideration in favour of the Applicant”.  

The appellant applicant now brings before this court differently constituted an application praying for stay of proceedings pending appeal.  The Court of Appeal Rules 1997 CI 19 gives this court jurisdiction in matters regarding the effect of Appeal in rule 27(1).  Indeed, rule 20 (1) of the Supreme Court rules 1997 CI 16 is in sum a verbatim repetition of rule 27(1) of CI 19.  Rule 27(1) reads as follows.  

“An appeal shall not operate as a stay of execu…