PRESTINE PROPERTIES LIMITED v. SEYANI BROTHERS & CO. LIMITED, CIVIL APPLICATION NO. 60/16 OF 2022

Abstract

Held: (i) For a stay of execution to be granted under Rule 11(3) of the Court of Appeal Rules, the applicant must satisfy the Court cumulatively that: (ii) (a) Substantial loss may result if the stay is not granted; and (b) The applicant has provided security for the performance of the decree. (iii) In a system of adversarial litigation, evidence upon any factual matter must be given on oath and therefore, the practice of counsel giving evidence from the Bar is to be deprecated.