Description
Extension of time to lodge an application for stay of execution – sole cause for delay was pursuing two previous incompetent applications – sufficient ground for extension of time – diligence – seriousness.
- In the application for extension of time to lodge an application for stay of execution of the decree of the High Court, it is not mandatory to annex a notice of appeal in the motion as a necessary document. (p. 7).
- An application for extension of time – the sole reason for delay is that the applicant had all along been in Court pursuing two incompetent applications – it was held that the reason in itself constitutes sufficient ground for extension of time (p. 8). The applicant was given 30 days to file the new application (p. 9).
- In accepting the cause for delay, the Court also observed that it is clear that the applicant did not stay idle but was busy in the Court corridors battling with the two applications which unfortunately were found to be incompetent. (pp. 5 – 6). By pursuing the two applications in Court shows element of seriousness on the part of the applicant’s counsel and it cannot be taken that he was negligent or failed to exercise due diligence because the learned counsel for the applicant did not just sit down and relax. He tried twice but luck was not on his side. (p. 6).
