Search court decisions

…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…

….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

…That the applicant had since the delivery of the impugned judgment, filed several applications for stay including the one for review of the orders for conditional stay granted by this Court. 8.…

…The power of the Court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal. 2.…

…dated 22.06.2023 for stay pending appeal. 3.…

…Matheka) delivered a ruling dismissing the plaintiffs’ application for stay pending appeal for lack of merit.…

…The impugned decision in the present matter was not a determination of the Applicant's substantive application for stay.…

…This court is of the view that an application for stay pending appeal derives its character and legal foundation from the appeal which it seeks to protect.…

…E025 of 2023 and an application for stay of execution of the said judgment being Civil Application No. E002 of 2024.…

…It is also correct that the Defendant’s application for stay of execution was disallowed by this Court.…

…He avers that it is after the said proclamation that the Applicant/Appellant approached this court with the said application for stay of execution pending appeal.…

…He avers that the Applicant has not fulfilled all the three ambits required for an application for stay of execution pending appeal to be granted.…

…First, that the applicant is aggrieved by the decision of the learned magistrate dismissing the applicant’s application for stay of execution and setting aside of the default judgment entered against the applicant for failure…

…Secondly, that upon dismissal of the application for stay, Fantasy Auctioneers who the respondent had earlier instructed to recover the decretal sum, which according to the respondent’s replying affidavit filed herein and…

…The plaintiff further submits that there is no valid appeal lodged before the Court of Appeal on which the application for stay can be hinged.…

…The application for stay and the appeal are said to have been filed out of time. 15.…

…This application ought to be brought under Order 42 Rule 6 which governs applications for stay of execution and provides as follows: 6.…

…Indeed, to grant or refuse an application for stay of execution pending appeal is discretionary.…

…It is also not in dispute that the Applicant has filed a similar application for stay of execution in the Court of Appeal and which is now pending directions.…

…It is also not in dispute that the Applicant has filed a similar application for stay of execution in the Court of Appeal and which is now pending directions.…

…Khaduli Advocate in which it was deponed inter alia, that the application for stay of execution was filed after the Bill of Costs had been filed; that the respondent had a right to enjoy the fruits of her ruling and judgment…

…This being an application for stay of execution of judgment pending appeal, it is governed by the provisions of Order 42 Rule 6 of the Civil Procedure Rules.…

…for stay of execution of the Judgment of this Court delivered by Justice L.L.…

…That the Advocate acting on behalf of the Plaintiffs never informed them of the existence of the application for stay of execution and hence the failure to have a response filed.  …

…That the Plaintiff filed an application for stay at the Court of Appeal and which court made orders on 19th August 2024 declining to issue interim orders or certify the matter as urgent and directed that that parties do file…

…I note that the Plaintiff filed their application for stay in this court after directions of the Court of Appeal had been issued and their Notice of Withdrawal of Application filed at the Court of Appeal came way after they…

…In the event the aggrieved party is again dissatisfied with the outcome of the Application seeking for a Stay of Execution from the Court that pronounced the Judgement being challenged, then another application for Stay of…

…The first instance of making an Application for Stay of Execution is from the Court which its Ruling, Judgement and/or Decree is being appealed against and the second instance is in the Appellant Court.…

…The court found the reasons advanced by the Appellants in their application for stay not plausible. The Appeal 10.…

…In note that the gist of the Appellant’s application for stay of execution is that they were not served with the summons and pleadings in the primary suit before the trial court.…

…for stay made pursuant to Order 42 Rule 6.…

…The order the applicant seeks to stay is an order dismissing his application for stay. This is a negative order.…

…(Being an application for stay of execution pursuant to the Judgment, Decree and Order of the Hon. M. N. Olonyi in the Magistrate Court at Tamu in Civil Case No. E133 of 2023 (Consolidated with Nos.…

…What is before me is an application for stay of execution of decree in Tamu SPM MCCE No. E133 of 2023 consolidated with E132, E134 and E131 of 2023.…

…I have considered the application for stay pending appeal, the reply filed by the Respondents as well as the written submissions filed by the parties. 7.…

…All the court has to determine is whether the Application for stay is merited. 9.…