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Court of Appeal dismisses appeal of High Court refusal to stay proceedings concerning the vacating and delivering up of property where there were attempts to obstruct the taking of the property by individuals who were not party to the contract with the relevant bank, on the grounds that: no arguable grounds of appeal have been established; that individuals whose constitutional rights were not affected could not seek to rely on the constitutional rights of others in relation to the property; and in any event, the balance of justice clearly favours refusing his application.
Practice and procedure – application for a stay – proceedings to deliver up possession of property – sheriff was obstructed in his attempts to take possession of the property – no arguable grounds of appeal have been established – jus tertii (or rights of third parties) in a constitutional case – balance of justice clearly favours refusing his application – application for stay refused.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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