JUDGMENTGopal Sri Ram JCA:

We will first set out the circumstances in which this appeal came to be heard.

On 7 April 2000, the appellant moved this court on an urgent basis for a stay of bankruptcy proceedings against him pending the disposal of the appellant's appeal against the order of the High Court dismissing his summons to set aside the bankruptcy notice issued against him. The respondent's petition to have the appellant declared a bankrupt was fixed for hearing on 13 April 2000. At our suggestion counsel agreed to treat the motion for a stay as the appeal proper.

We then granted the respondent leave to put in an additional affidavit exhibiting certain documents that had been omitted from the motion paper. The appellant was directed to formally lodge his memorandum of appeal. We also dispensed with the filing of the formal record of appeal and instead directed that the motion and the affidavits do stand as the record. The learned President of the Court of Appeal then