The applicant/decree holder has filed an application for
execution, and has sought the assistance of the Court in the form of an order
for the arrest and detention of the judgment debtor as a civil prisoner. The
court ordered the judgment debtor be given an opportunity to show cause as to
why the order sought should not be granted. Counsel for the parties also agreed
that the application be argued by way of written submissions. After the filing
was complete, learned advocate for the applicant, complained that in their
rejoinder submissions, counsel for the Respondent/judgment debtor had
introduced new issues that were not argued in their submissions in chief. The
applicant’s counsel’s submissions as to why he should not be sent to prison as
a civil prisoner have centred on an allegation that seeks to challenge the
validity of the consent orders.