The Respondent successfully sued the applicant for damages for breach of contract caused by negligence in allowing unlawful and unauthorized withdrawal of monies from the Respondent’s bank account without his instructions. In the wake of the alleged unauthorized withdrawals it was contended that, the Respondent was suspected to be untrustworthy; subjected to interrogations whereas his goodwill in business as he could no longer be trusted. Moreover, the Respondent who contended to have imported goods from South Africa claimed to have failed to make timely payment of goods and was thus forced to pay taxes and additional charges since the applicant did not bother to make any intervention. The trial court ruled in favour of the Respondent.
Aggrieved the applicant lodged a Notice of Appeal to the Court. It also successfully sought extension of time to apply for stay of execution. Thus the present application to stay the execution of the decree of the High Court. The Respondent challenged the propriety of the application on the grounds that the omission of the middle name of the Respondent in the application was fatal and rendered the application incompetent.