Capon v Snyman

In *Capon v Snyman*, the applicant sought a stay of execution of a writ of possession prior to the hearing of an appeal. The respondent sought to enforce the writ.

The primary legal issue before the Court was whether the balance of convenience favoured granting a stay of execution. This required the Court to consider whether there was a serious question to be tried on the appeal.

The Court considered the principles governing applications for a stay of execution, particularly in the context of a writ of possession. It assessed whether the applicant had demonstrated a sufficient likelihood of success on appeal to warrant interfering with the respondent's right to enforce the judgment. The Court found that the applicant had not satisfied the necessary threshold for a stay.

Consequently, the application for a stay of execution of the writ of possession was dismissed. Costs were reserved.