115.
After the Court of Appeal
Ruling,
the case was
assigned
to
Justice Fauz Twaib of the High Court.
In his ruling of 23 May 2011,
Justice
there
Twaib
stated
that
“...
where
is proof
that
the
full
payment according to the Court’s order has been made, no certificate
should be issued... The rationale for this is clear: issuing a certificate
for amounts not currently due would not only be academic...but may
confuse
matters
and
even
result
in
wrongful
payments
being
made...”.The learned Judge went on to state that “from the foregoing,
and
on
the
application,
basis
there
of the
is
no
material
made
entitlement
that
available
to
me
remains
unpaid
in this
by
the
Respondent...If anything, there was an overpayment to those whose
house allowance was wrongly
included in their Annual
Emoluments...”.
by stating that “since my findings are
He concluded
that there is no shortfall, the applicants cannot
Pensionable
get what they are
seeking. This Court cannot issue the certificate sought. Therefore,
|
hereby dismiss this application in its entirety”.
116.
According to the Respondent,
after the ruling of Justice Twaib
of23 May 2011, the Applicants applied for leave of the High Court on
6 June 2011
to appeal to the Court of Appeal,
and the application
was struck out on the basis of a defective affidavit. The Applicants
again applied to the High Court for leave for extension of time to file
an
appeal,
October,
and
the
2012. The
same
was
also
struck
out with
cost,
on
11
Respondent submits further that, on 25 Octobe
2012, the Applicants filed another application for extension of time to
a
Ae