Before this Court, is an application for stay of execution
of the decree of the High Court pending hearing and determination of the
intended appeal on grounds that the execution of the judgment and decree will
cause irreparable damage to the applicants rendering the intended appeal
nugatory.
Before the hearing could proceed, counsel for the
applicants rose to inform the Court that he has gathered that the application
is not accompanied by the notice of appeal and the decree and thus, it is
incompetent. However, he submitted that, since a condition of annexing the
notice of appeal to the application of this nature is a recent requirement
pursuant to amendment to the Court Rules, he prayed to be granted leave to file
the supplementary affidavit under rule 49 (2) of the Rules in order to bring on
board the missing documents.