NDK FINANCIAL SERVICES LTD V. ZEKIEL HOMES LTD & 3 ORS.

RULING

[1] The 4th Defendant/Appellant/Applicant (hereinafter called “The Applicant”) filed the instant application against the Plaintiff/Respondent (hereinafter called “The Respondent”) and the 2nd Defendant/Respondent (hereafter called “The 2 Respondent”) for Stay of Execution of the Judgment of the Court pending appeal. 

[2] The application is supported by a 10-paragraph Affidavit dated 13th December 2024.

[3] In opposing the instant application, the Respondent filed an 8-paragraph Affidavit in Opposition dated 20th January 2025. 

[4] Likewise, the 2nd Respondent filed a 9-paragraph Affidavit in Opposition dated 22nd January 2025.

[5] I have reviewed the instant application with its annexures and the Affidavits in Opposition. 

[6] I have also considered the submissions of the lawyers and the relevant authorities on the subject matter.

[7] I am of the considered view that no exceptional circumstances have been established by the Applicant to warrant the grant of the instant application.

[8]…