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Practice and procedure — execution — pending appeal — appeal noted out of time — application before Supreme Court for condonation — execution refused
The respondent obtained judgment against the applicant and sought to execute the judgment. The applicant had, in the meantime, belatedly noted an appeal against the judgment. He applied to the Supreme Court for condonation of the late noting of the appeal and for leave to appeal, and to the High Court for an order staying execution. The respondent argued that since the Supreme Court had to determine the validity of application for condonation, there was technically no appeal before the Supreme Court.
Held, that as the applications were pending before the Supreme Court, the court had no right to determine the validity of the reasons for the dilatoriness on the part of the applicant. As long as there was an issue for determination by the Supreme Court, the High Court had no power to entertain an issue the result of which would render the issue before the Supreme Court irrelevant.
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