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The Court of Appeal dismissed an application to review its earlier land decision, holding the grounds were really an attempt to re-argue the appeal.
The affidavit was competent as the advocate had personal knowledge of the facts, but the applicants failed to account for the entire period of delay and did not provide proof of a written request for certified copies, thus failing to show sufficient cause for extension of time.
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The applicant failed to satisfy the mandatory requirement of furnishing security for due performance under Rule 11(2)(d)(iii) of the Court of Appeal Rules, 2009, which is a conjunctive and not disjunctive requirement for granting a stay of execution. Consequently, the application for stay of execution cannot be granted.
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