But usually, money judgments are kept with an independent person. If it is enforced, of course the person will not have the incentive to delay proceedings by refusing to pay. But in reality, what exist is different. A judgement is given against you, you file notice of appeal and bring motion for stay of execution of the judgment. If it is filed at the high court, the court will take proceedings on it.
Once it is granted conditionally, the court would order the obligor to pay into interest yielding account. The Court of Appeal in recent years don’t take such applications anymore.By mere filling it, you have obtained stay. That is what we are confronted with. I think we need to address it. The party should accompany its application with a cheque drawn in the name of the court where the application is being made.
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