FIAKLU v. ADJANI and another

This extract discusses the impact of new legislation, the High Court (Civil Procedure) (Amendment) rule, 1969 (L.I. 619), which provides for a general stay of execution during the pendency of an appeal. The judgment clarifies that this new rule does not change the fundamental principle that, without such specific provision, the successful party in a lower court would normally be entitled to act on the correctness of that court's decision until an appellate court rules otherwise. The extract warns that a party who disregards a lower court's decision merely because they have appealed runs the risk of their actions being declared illegal if the appellate court ultimately confirms the lower court's decision. This highlights the importance of respecting court decisions even during the appeals process, unless explicitly protected by legislation like L.I. 619.