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High Court grants liberty to issue an order of attachment against unsuccessful party in prior proceedings which resulted in an order of the High Court directing that party to immediately surrender vacant possession of certain property and farming lands, where the court is satisfied beyond a reasonable doubt that there is no dispute concerning the party's continued occupation in direct breach of the said order.
Application for order of attachment - failure to comply with High Court order - Order 44 rule 3 RSC - court's inherent jurisdiction - order particulars - notice of expedited appeal filed by defendant - no application for stay - defendant remains in occupation of and continues to farm lands in breach of order - attempts at securing vacant possession unsuccessful - defendant's cross motion seeking orders preventing plaintiff from trespassing upon property - law on contempt - beyond reasonable doubt - no dispute as to continuing occupation - liberty granted to issue order of attachment.
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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