In this application, the defendants/appellants/ applicants are seeking to stay execution of two rulings of the High Court dated 8th February, 2017 and 28th July, 2017, pending appeal. The Notice of Appeal, exhibit ‘B’ attached to the motion paper however shows that the appeal is against the judgment of the court dated 28th July, 2017.
Eventhough the Notice of Appeal, exhibit ‘B’ is in respect of the ruling/judgment of 28th July, 2017, the grounds of appeal, especially grounds (ii), (iii), (iv) and (vi) clearly relate to the ruling of 8th February, 2017. The ruling of 28th July, 2017 only determined damages to be awarded based on a valuation report and in respect of which the defendants/appellants/applicants never challenged as they failed to cross-examine on it eventhough their counsel was in court. See exhibit NOK 3, exhibited to the affidavit in opposition which refused an application for stay of execution. Since the valuation report was not challenged, grounds…