NATIONAL INVESTMENT BANK V. NEW CASE CAPITAL LIMITED

RULING

I have listened to the submissions for and against the application for Stay of Execution pending appeal by the Defendant/Applicant (hereinafter called the Applicant).  In cases of Stay of Execution pending appeal, the court is faced with two situations.

a. The decision that the judgment creditor should not be deprived of the fruits of his victory.

b. The Applicant must also be assured, that if he is successful on appeal, it would not be rendered nugatory.

See: INTEGRATED INVESTMENT LTD v. GIHOC DISTILLERIES CO. LTD [2008] 14 MLRG 91 CA

However, in cases of Stay of Execution pending appeal, the burden is on the Judgment Debtor/Applicant to prove to the court that his appeal is likely to succeed. This can be done by pointing out certain defects on the face of the judgment in terms of law or facts or both.

Stay of Execution means, imposing fetters on the judgment creditor from obtaining an execution relief from the judgment debtor, or suspending the execution of the judgment which has b…