- Case summary
This matter entailed an application for a stay of execution of the judgement of the Court of Appeal which dismissed the appeal of the applicant from a decision of the High Court. The High Court had ordered the respondent to pay damages in the amount of USD 16,009,920.00.
The respondent had initiated a claim before the High Court which was based upon the applicant’s allegedly unlawful acts of encroachment upon a piece of land belonging to the respondent and the erection of a telecommunication tower thereon.
The Supreme Court referred to article 129(3) of the Constitution which grants the Supreme Court the power to depart from a previous decision when it appears to it right to do so.
It held that, by virtue of article 129(4) of the Constitution, the Supreme Court has the jurisdiction to determine applications for a stay of execution from judgements of dismissal by the Court of Appeal. In relation to the merits of the matter, it referred to the applicant’s argument that the payment ordered would have a crippling effect on its finances. The court held that this brings the matter within exceptional circumstances and granted the application for stay of execution.
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