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RULING
What is before us is a notice of motion dated 22nd July, 2020 which is indicated as being an application for stay of execution of the judgment and ruling delivered on 15th October 2018 by the ELC (K. Bor. J) However, the motion is said to be brought under section 5 of the Appellate Jurisdiction Act, Cap 9 and Rule 4 of the Court of Appeal Rules, and Article 159 of the Constitution. The orders sought are first, leave to appeal out of time against the whole judgment of the honorable Justice K. Bor, delivered on 15th October 2018 and secondly, that the notice of appeal and record of appeal annexed thereto be deemed as duly filed and served.
Upon being served with the hearing notice lodged by the applicant, the respondents sent an email to the Deputy Registrar of the Court, indicating that the applicant’s motion for stay of execution was dealt with in civil application No. 402 of 2019 and determined on 19th June, 2020 and that they have not been served with any other application.
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