Applicant who is also the Appellant before us, is the appellant in the appeal pending before the Court of Appeal. He was the Defendant in the High Court Respondents before us who are also Respondents in the Court of Appeal in the main appeal were the plaintiffs in the High Court. The action by the plaintiff was for-

After a full hearing on pleadings, the trial judge found the plaintiff and granted the relief s claimed. The learned Judge found that the Defendant was a trespasser, and awarded Nl.000.00 as damages. He also granted a perpetual injunction against the Defendant. Defendant appealed to the Court of Appeal.

On the 24th December, 1987 the Defendant filed a motion for stay of execution of the judgment of the trial judge. The motion was fixed for hearing on the 25/1/88 and was granted by the learned judge after due hearing.

Plaintiff/Respondent then appealed to the Court of Appeal against the ruling granting the stay of execution. Thus, two appeals in respect of the same case were pending in the Court of Appeal. There was the appeal by the Defendant against the judgment of the High Court, and the appeal by the Plaintiffs against the ruling of the learned judge on the application for stay of execution.

The Court of Appeal heard and allowed the appeal of the plaintiffs against the ruling for stay of execution. The Defendant, has appealed to this court against the judgment of the Court of Appeal setting aside the order for stay of execution, pending the determination of the appeal against the judgment of the learned judge in the Court of Appeal.