Tissera v. Fernando And Others – sllr 2007 volume 1 page 303

In the case between Tisssera (plaintiff) and Fernando and others (defendants), the court addressed whether a writ of execution pending appeal should be stayed on the grounds of potential substantial loss to the judgment-debtor or the existence of a substantial question of law. It was held that a stay of execution is justified not solely on allegations of loss, but where a substantial question of law arises, including lack of compliance with mandatory provisions regarding a minor defendant and the appointment of a guardian ad litem under section 479 of the Civil Procedure Code. The court reaffirmed the principle that the risk of inconvenience alone does not suffice unless substantive legal issues are demonstrated. Reliance was placed on section 23 of the Judicature Act and section 763(2) of