Mangatal J
```markdown # IN THE GRAND COURT OF THE CAYMAN ISLANDS ## CAUSE NO G 247 of 2014 ### BETWEEN #### VISTA DEL MAR DEVELOPMENT LTD - Plaintiff #### AND - (1) JANET FRANCIS - (2) DWIGHT CLARKE - Defendants ## CONSIDERED ON THE PAPERS Before: - The Hon. Justice Ingrid Mangatal Date Considered: - 22 September 2016 Date Delivered: - 23 September 2016 ## HEADING Civil Practice and Procedure - Court's inherent jurisdiction and discretion to Stay Execution of Judgment to allow losing party to consider appeal. ## RULING I have considered the application of the Defendants dated 21 September 2016, seeking a six week stay of execution of the Judgment in this matter, which I delivered on 20 September 2016.
I have also considered the Plaintiff's opposition to the application, as set out in its letter dated 22 September 2016.
In my Judgment, it is plain that the Court has a discretion to stay execution of a Judgment for a short period, in order to allow a losing party the opportunity to consider whether to appeal the decision. This is a separate and distinct discretion from that which a Court may be asked to exercise after an appeal has been filed, and pending its final determination, which is guided by different principles. The current application is in essence seeking the Court's exercise of its inherent jurisdiction to do justice.
In this case, I gave final Judgment in favour of the Plaintiff, and ordered specific performance of the Agreement for Sale, as amended by the Deed of Variation to Agreement, in the manner sought in paragraph 19(1) of the Statement of Claim. The terms of the Judgment include orders requiring the parties to carry out certain obligations within 7 days of the date of the Judgment.
The Defendants are entitled to appeal as of right.
Section 19(1) of the Court of Appeal Law (2011 Revision) requires that an appeal be brought by the appellant within 14 days after the date of the Judgment.
Rule 11(4) of the Court of Appeal Rules (2014 Revision) indicates that the 14 days is calculated from the date upon which the Judgment is filed in accordance with Grand Court Rule Order 42, Rule 5. The Judgment has not yet been filed and sealed.
In my view to grant a stay of the Judgment in this particular case since, without evidence as to the effective time of appeal called for in the Judgment will take effect prior to the 14-day period set out in the Court of Appeal Law. 160923 Vista Del Mar Development Ltd v Janet Francis and Dwight Clarke - Ruling 2 of 3
However, the period of six weeks sought by the Defendants is inappropriate in all of the circumstances of this case. I am minded to grant a stay of execution of the Judgment until 7 October 2016, to allow the Defendants to consider whether to appeal. It is so ordered. THE HON. JUSTICE MANGATAL JUDGE OF THE GRAND COURT \begin{table}[h] \centering \begin{tabular}{|c|c|} \hline 160923 Vista Del Mar Development Ltd v Janet Francis and Dwight Clarke - Ruling & 3 of 3 \\ \hline \end{tabular} \end{table}