Civil ProcedureExecution of JudgmentsAppellate Practice
Keywords
Notice of appealService of processRule 29(2) Supreme Court RulesExecution pending appeal
Tags
ExecutionAppealInterdictSupreme Court Rules
legislation
Statutes Cited
Supreme Court Rules, 1964
Supreme Court Rules, 1964
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether failure to serve notice of appeal on respondent invalidates the appeal and permits execution","issue_type":"procedural","dispositive":"yes","related_facts":"Notice of appeal filed but not served on first respondent"}
{"issue_text":"Whether High Court can determine validity of appeal pending before Supreme Court","issue_type":"procedural","dispositive":"no","related_facts":"Appeal noted but defects alleged"}
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background
Facts of the Case
Background
The applicant obtained summary judgment in case HH 102-12 and subsequently filed a notice of appeal to the Supreme Court on 6 February 2012. Despite the appeal, the first respondent proceeded with execution, prompting this urgent application for an interdict.
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