9 Mar 2023
The Defendant's application for a stay was dismissed because it failed to discharge the legal burden of proving special circumstances by admissible affidavit evidence; the asserted grounds were bare one‑liner averments and speculative, insufficient to justify depriving the successful party of the fruits of judgment.
16 Nov 2022
The Defendant established special circumstances — namely the need to preserve the status quo and protect the company’s reputation pending the appeal — and accordingly the court exercised its discretion to grant a stay of execution of the 16.11.2022 order with costs in the cause.
28 Jul 2021
The court granted that statutory notice was given but found the substantive allegations lacked merit: documentary title showed the land belonged to the Second Respondent and compensation was not payable to the company, and the challenged expenditures were reflected in audited accounts and approved at AGMs. Consequently the applicant failed to establish good faith and that the derivative action was prima facie in the company's best interests; the originating summons was therefore frivolous and was dismissed with costs.