Judgment No. 7/2018
Civil Application No. SC 409/2016
proceeding with the hearing in the absence of payment will cause the respondent serious
prejudice if not grave injustice.
In the event that to date the applicant has not paid the respondent’s wasted costs,
the application for stay of proceedings succeeds. I note in passing that the order will not
adversely affect the respondent since the interdict granted by the court a quo operates against
the applicant in favour of the respondent. Any prejudice which the applicant may suffer arising
from the stay of these proceedings is self-inflicted.
It is accordingly ordered that:
1. The objection in limine be and is hereby sustained with costs.
2. This application for condonation of late noting of appeal and extension of time
within which to appeal to this court be and is hereby stayed until the applicant has
paid the first respondent’s taxed costs in the court a quo.
Magwaliba & Kwirira, the applicant’s legal practitioners
Munangati & Associates, incorporating Goneso & Associates, the 1st respondent’s legal
practitioners.
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