Stay of executionDefault judgmentRescission of judgmentUrgencyMining interdict
Tags
Mining disputesInterdictDefault judgmentStay of execution
legislation
Statutes Cited
European Convention on Human Rights 1950
Human Rights Act 1998
Supreme Court Act 1981
Access to Justice Act 1999
Legal Aid Act 1988
Criminal Justice Act 1988
Police and Criminal Evidence Act 1984
Immigration and Asylum Act 1999
Nationality, Immigration and Asylum Act 2002
Extradition Act 1989
Extradition Act 2003
Terrorism Act 2000
Anti-terrorism, Crime and Security Act 2001
Prevention of Terrorism Act 2005
Constitutional Reform Act 2005
Inquiries Act 2005
Tribunals, Courts and Enforcement Act 2007
Legal Services Act 2007
Legal Aid, Sentencing and Punishment of Offenders Act 2012
Courts and Legal Services Act 1990
Arbitration Act 1996
Civil Procedure Rules 1998
Family Procedure Rules 2010
Criminal Procedure Rules 2015
Senior Courts Act 1981
County Courts Act 1984
Magistrates' Courts Act 1980
Crown Court (Advance Notice of Expert Evidence) Rules 1987
Criminal Appeal Act 1968
Criminal Appeal Act 1995
Prosecution of Offences Act 1985
Prosecution of Offences Act 1985
Prosecution of Offences Act 1985
Prosecution of Offences Act 1985
ai analysis
Case Summary
Key Issues
{"issue_text":"Whether the application is urgent","issue_type":"procedural","dispositive":"yes","related_facts":"Applicant aware 20 July, filed 2 August"}
{"issue_text":"Whether the matter has been overtaken by events","issue_type":"procedural","dispositive":"yes","related_facts":"Judgment executed, applicant evicted"}
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background
Facts of the Case
Background
The applicant sought a stay of execution of a default judgment obtained by the first respondent under case HCH 3126/23 on 4 July 2024. The applicant became aware of the judgment on 20 July 2024 but only filed the urgent application on 2 August 2024. By the time of hearing, the judgment had already been executed and the applicant evicted.
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