EASTERN ALLOYS COMPANY LIMITED (PLAINTIFF) vs. CHIRANO GOLD MINES LIMITED (DEFENDANT)

This court has been called upon by a motion on notice for an order to stay the execution of the judgment of the High Court dated the 13th October 2014 pending the determination of an appeal lodged against a ruling of this court delivered on the 12th February 2016. The application is supported and opposed by affidavits. The applicant proceeds under rules 271A and 28 of the Court of Appeal Rules, CI.19. The reasons for which the applicant seeks the order for stay of execution are set out in the supporting affidavit and it is clear to this court that the judgment whose execution the applicant is seeking to stay is not the subject matter of appeal as far as this application is concerned. That is to say, the appeal is against the ruling delivered by this court on the 12th February 2016 in which the court refused to set aside an Entry of Judgment filed by the respondent in this matter. The appeal for which reason this application has been brought is not against the judgment whose execution...