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Practice and procedure — application for stay of execution of judgment — evidence necessary to support application — Court must be satisfied that injustice would be caused if stay not granted.
In an application for stay of execution of a judgment of the Court, it is not enough for the applicant merely to allege hardship. He must satisfy the Court that he may suffer irremediable harm or prejudice if execution is granted. One way to do this would be to adduce evidence that he now has sufficient means to make payment on due date; but he must have a strong case to present to the Court. It must also be borne in mind that if the Court were to extend mercy, it would be doing it at the expense of a litigant who has already established in Court his right and title to what is being claimed. Such mercy should rather be sought in the action itself, before judgment is given, not afterwards.
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