‘[18] However, in this instance the order not only stayed ‘any execution steps’ pending the outcome of the rescission application but also suspended the writ itself. The words ‘suspend’ and ‘stay’ are often used interchangeably, but they are not necessarily always synonymous. Thus, while a suspension can also merely refer to a temporary deferment of an action, it also can entail holding certain rights or obligations temporarily unenforceable. . . . . .’.
Boundary Spar Supermarkets (Pty) Ltd v Brown (J2456/16) [2016] ZALCJHB 435 ; (2017) ILJ 2337 (15 November 2016) per Lagrange J.
Further excerpt
‘[19] Although the order did not expressly order the sheriff to return the vehicle or the cash, the suspension of the writ, as opposed to its mere stay, deprived the sheriff for the duration of the suspension of the authority to exercise the court’s lien on the property. At the very least he had no current legal basis for retaining the property without the applicant’s consent. If the suspension of the writ is lifted, nothing prevents the sheriff from proceeding to re-attach property under the writ because his authority to pursue the execution will have been restored. Consequently, I am satisfied he was obliged to return the applicant’s vehicle and the cash that should have been held in trust once the applicant demanded it be returned’.