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The High Court dismissed a revision application over objection proceedings, holding the Executing Officer properly paused the matter because of a pending Court of Appeal stay of execution.
The Deputy Registrar erred in law by ordering recalculation of the award after it had already been determined by a predecessor executing officer; he was functus officio and lacked jurisdiction to revisit the calculation. Change of name of the decree debtor does not affect liability under the decree. Execution must proceed to enforce the award.
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The Deputy Registrar lacked jurisdiction to alter or admit a new Deed of Settlement in execution proceedings; only the court which issued the decree can vary it through review or appeal. The execution proceedings based on the new Deed of Settlement were a nullity as the original decree was still binding and execution was prematurely filed.
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