Judgment No. 19/18 Chamber Application SC 97/18 Ref Case No. SC 847/17 The application for review is pending before the High Court. On 5 October 2017, the applicants, facing imminent eviction on the 6 October 2017, filed an urgent application in the High Court, seeking stay of the eviction pending the finalisation of their application for review. The High Court dismissed the application. In dismissing the application, the High Court had this to say: “The conduct of the applicant does not clothe the application with urgency but borders on abuse of court process. Approaching the court more than once to try and stop execution which is imminent does not make a matter urgent. The applicant appears to have waited till the day of reckoning and sought to seek redress on more than one occasion on the same facts involving the same parties on an urgent basis. The fact that the urgency is self-created militates against the granting of the application. In any event there are no prospects of success on the pending review such that the balance of convenience does not favour the granting of the application.” In passing I wish to comment on the wording of the above finding. I find it ambivalent and seeming to suggest that after finding that the application was not urgent, the court a quo nevertheless went ahead to assess the merits of the matter. I however take no issue on this lack of clarity by the court a quo for the purposes of determining this application. Aggrieved by the dismissal of their urgent application in the High Court, the applicants noted an appeal to this Court under case number SC 847/17. 3