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The application failed because the applicant did not establish an arguable case or sufficient interest, as the issue of ownership of the disputed plot was unresolved and not within the jurisdiction of the current proceedings. Only the timeliness condition was met, which is insufficient as all three conditions must be satisfied cumulatively.
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Applicants demonstrated substantial loss due to risk of eviction and demolition; their undertaking to maintain status quo and vacate land suffices as security given the non-monetary nature of the decree. All conditions for stay of execution are met.
Source excerpt
The Court of Appeal upheld demolition of a guest house built in a planning area without a building permit and dismissed the appeal with costs.
The High Court held that a boundary wall built beyond Plot 2116 onto a public road after resurvey was unlawfully constructed and could be demolished.
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