Judgment No. 19/18
Chamber Application SC 97/18
Ref Case No. SC 847/17
Firstly, it is clear that there is no operative part of the High Court order that can be
executed upon. The High Court dismissed the application as detailed above. There is therefore
nothing to stay as simply put, the order dismissing the application for stay of execution is not
executable.
Secondly, it is clear that in real terms, the applicants are essentially seeking an
order staying the execution of the Magistrates’ Court order evicting them and all those who
occupy the leased properties through them, pending the determination of the appeal noted to
this Court.
The appeal to this Court as stated above, challenges the correctness or otherwise of
the High Court decision denying stay of execution of the Magistrates’ Court judgment pending
determination of the review application. Assuming that the appeal succeeds, this Court will
grant stay of execution of the judgment of the Magistrates’ Court pending the determination of
the review application as this was the relief that was denied the applicants by the court a quo.
This is the very same relief that is being asked for in the application before me.
It then appears to me that what the applicants are effectively seeking to do in this
application is to have a judge in chambers grant them the exact relief they are seeking on appeal.
It further appears to me that I cannot competently deal with the Chamber Application without
usurping the powers of the appeal court that is still to determine the appeal.
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