FIRST NATIONAL SAVINGS & LOANS COMPANY LIMITED vs. PRUDENT EXPORT LIMITED

MOTION ON NOTICE FOR STAY OF EXECUTION PENDING APPEAL i. Introduction: [1] This Court’s judgment of August 18, 2017 is the subject matter of this application. The Defendant/Judgment Debtor/Applicant is first praying the court to set aside the execution of the judgment undertaken by the Plaintiff/Judgement Creditor/Respondent on the grounds that no entry of judgment was served before the Applicant’s properties were attached and also to stay execution of the judgment pending the determination of the appeal against the judgment at the Court of Appeal. The application has been brought on the grounds inter alia that the execution undertaken by the Plaintiff/Respondent was contrary to the Rules of Court and also that the Defendant is dissatisfied with the judgment of this Court and has filed a Notice of Appeal and the appeal raising substantial issues of law with a very bright chance of success. [2] It recalls that on the 28th October, 2011 the Plaintiff/Respondent (hereafter ref...