Execution cannot reopen finally decided future interest claim on a decree construed earlier.

A question already conclusively decided in an earlier order could not be reopened in execution. The decree in terms of the award had been interpreted by the prior order as refusing future interest, and that order was neither challenged nor set aside. Although a decree on an award may, as a general rule, carry future interest where not otherwise modified, the parties had accepted the earlier construction and proceeded on the basis that such interest was not granted. The respondents were therefore barred from claiming future interest in execution, and the High Court erred in disregarding the final order.

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Issues: Whether the respondents could reopen, in execution, the question of future interest on the decretal amount after the earlier order had already decided that no such interest was payable.

Analysis: The decree passed in terms of the award had already been construed between the parties by the order dated 29 October 1990, which held that the request for future interest had been considered and refused. The respondents did not challenge that order or the decree itself. Although, as a general proposition, a decree in terms of an award may carry future interest where the court does not modify the award in that respect, the respondents had themselves invoked review and proceeded on the basis that future interest had been omitted and sought to have it granted. Once the scope of the decree had thus been conclusively determined and the interpretation was accepted by the parties, the question could not be reopened in execution.

Conclusion: The respondents were barred from claiming future interest in execution, and the High Court was wrong in ignoring the earlier final order.

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