However in the instant application court noted that the order of the
Court of Appeal was declaratory that the matter was res judicata as
had also been declared by the High court. That there was no decree
that was extracted for execution. No application for execution of
the order of the court had been filed in any court. Although the
applicant alleged that the respondents were surveying the land, this
was denied in the affidavit in rebuttal, and there was no affidavit in
rejoinder by the applicant.
Accordingly court dismissed the application holding that there were
no compelling reasons to grant the interim order. That the
application was based on mere speculations.