Case law
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Division and case type: High Court DivCivil Appeal
…Therefore, the instant application was filed timeously and without unreasonable delay as it was lodged within the 30 days period.…
…Whether the application has been made without unreasonable delay.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Applicant also maintains that the application was filed without unreasonable delay and that the interests of justice require preservation of the status quo pending determination of the appeal. 9.…
…On whether the application was filed without unreasonable delay, I note that the impugned ruling was delivered on 11th November 2025 and the present application was filed on 18th November 2025. 28.…
Division and case type: MERU HIGH COURTCivil Appeal
…The Applicant maintains that the application is brought without unreasonable delay.…
…Whether the Application is Made Without Unreasonable Delay 25. The second requirement under Order 42 Rule 6(2)(b) is that the application is made without unreasonable delay.…
Division and case type: High Court DivCivil Appeal
…delay; and Such security as the court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant.…
…Coming back to the present application, was it made without unreasonable delay? Judgment herein was delivered on 17th April 2024 and the application filed on 25th April 2024, a period of less than one month.…
Division and case type: High Court DivCivil Appeal
…Whether the application for stay was made without unreasonable delay. Whether security has been given or offered by the applicant.…
…With regard to whether the application was filed without unreasonable delay, I note that the ruling of the Magistrate was delivered on 28th March 2023 and this application filed on 20th September 2023.…
Division and case type: High Court DivCivil Appeal
…delay; and Such security as the court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant.”…
…With regard to the second consideration whether the application for stay was filed without unreasonable delay, I note that the appeal was dated 3rd April 2023 and filed on 4th April 2023, and the application for stay of execution…
Division and case type: High Court DivCivil Appeal
…The application has been made without unreasonable delay. Security has been offered for the performance of such decree or order.…
…Starting with whether the application was filed without unreasonable delay, I note that an application to set aside the trial court’s orders was dismissed on 6th July 2023 and this application filed on 17th July 2023.…
Division and case type: High Court CivilCivil Appeal
…delay.…
…The first condition that I need to consider is therefore whether the Application has been made “without unreasonable delay”.…
Division and case type: High Court CivilCivil Appeal
…delay. 9.…
…On the condition of bringing the application for stay pending appeal without unreasonable delay, it is instructive from the record that the order and ruling from which the Appellant has preferred the instant appeal was issued…
Division and case type: High Court DivCivil Appeal
…delay.…
…delay.…
Division and case type: High Court DivCivil Appeal
…delay; and (b) such security as the court orders for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant”. 5.…
…The Application must be made without unreasonable delay. The Applicant filed his notice of motion shortly after the judgment.…
Division and case type: High Court CivilCivil Appeal
…The applicant told this court that the appeal was filed without unreasonable delay the judgment having been delivered on 22.5.23 and the application was filed on 26.6.23.…
…The application must be made without unreasonable delay. 2. The Applicant must demonstrate that substantial loss may result if the order is not granted. 3.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The Appellants added that the application was made without unreasonable delay and that they are willing to comply with the security requirement by providing a bank guarantee, which sufficiently safeguards the Respondent’s…
…delay; and(c) such security as the court orders for the due performance of the decree has been given.…
Division and case type: High Court DivCivil Appeal
…Finally, the Applicant submits that the application was filed without unreasonable delay, having been lodged on 23 rd February, 2026, while the trial court's initial 30-day stay was still in force.…
…The application has been made without unreasonable delay; b. The applicant will suffer substantial loss unless the order is made; and c.…
Division and case type: High Court CivilCivil Appeal
…That the application herein has been brought promptly and without unreasonable delay following commencement of execution proceedings.…
…That the Appellant/Applicant filed the instant appeal and application without unreasonable delay and that he is ready and willing to offer security as this court may order.…
Division and case type: High Court CivilCivil Appeal
…The Appellant Applicant further stated that the Application has been made without unreasonable delay and that it is ready to comply with such conditions/terms as the Court may set. 4.…
…delay; and (b) such security as the court order for the due performance of such decree or order as may ultimately be binding on him has been given by the applicant. 5.…
Division and case type: High Court CivilCivil Appeal
…The applicant told this court that the appeal was filed without unreasonable delay the judgment having been delivered on 22.5.23 and the application was filed on 26.6.23.…
…These principles are: The application must be made without unreasonable delay. The Applicant must demonstrate that substantial loss may result if the order is not granted.…
Division and case type: High Court DivCivil Appeal
…That the application is made in good faith and without unreasonable delay. 4.…
…It was submitted that the application was filed without unreasonable delay and any delay has been sufficiently explained. 9.…
Division and case type: High Court DivCivil Appeal
…Finally, the Applicant submits that the application was filed without unreasonable delay, having been lodged on 23 rd February, 2026, while the trial court's initial 30-day stay was still in force.…
…The application has been made without unreasonable delay; b. The applicant will suffer substantial loss unless the order is made; and c.…
Division and case type: High Court CivilCivil Appeal
…That the court has to be satisfied that substantial loss may result, that the application has been made without unreasonable delay, and that such security as the court orders for the due performance of the decree or order…
…The Appellant/Applicant stated that they are willing to provide security for the decretal sum and that the application has not been brought with undue and/or unreasonable delay and that the reason for delay has been demonstrated…