LARBI vs. SALLOUM

JUDGMENT OF TAYLOR J.S.C. Taylor J.S.C. delivered the ruling of the court. This is a motion on notice filed in this court on 4 February 1986 for a stay of execution in connection with a judgment obtained against the applicant at the district court grade I on 1 August 1985, and from which judgment he had on 19 August 1985 lodged an appeal to the High Court. A previous application to the High Court was also refused on 3 February 1986. From this refusal the applicant lodged an appeal to this court on 4 February 1986 and on the same day he filed his said motion for a stay. The facts are hardly in dispute and they can be gathered from the judgment of the district court and the affidavits of the applicant and the respondent. By that judgment, the applicant who was the defendant in the action at the district court and a tenant of the plaintiff-respondent was ordered to surrender vacant possession of the premises on or before 1 October 1985 to enable the respondent to effect repairs...