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….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…

…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…

…On January 29, 1988, at Mombasa, the court decided to grant a stay of execution upon terms that the respondent pay Kshs 100,000 to the widow (on certain terms as to disbursement amongst the widow and her children), and the…

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

…The respondents also asked (at the last moment) for a stay of execution of the decree passed in the suit because the application for execution was not served on them and there was no order for service to be dispensed with…

…The appellant applied on June 15 for execution of the decree by attachment and sale of the respondents’ machinery, motor vehicles, stock-in-trade and other attachable property registered in the above company (sic) to satisfy…

…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…

…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…

…This appeal is on computation of the figures in the process from the time of filing suit sailing through to execution. The appellant has not understood these figures.…

…Judgment having been entered and before execution, a decree has to be issued. Execution is therefore based on the decree. It is the amount in the decree that should be considered as correct for the purpose of execution.…

…That this court do stay execution of the orders made by the Learned Senior Resident Magistrate, Meru on the 12th of June 1991 in her Civil Case No 14/91. 2.…

…That there be orders that execution in the Principal Magistrate’s Case No 14 of 1991 do proceed. 4. That costs of this application be provided for.…

…Civil Practice and Procedure – execution – stay of execution – factors to consider - whether orders of stay of execution could be issued where failure to do so would lead to probability of the substratum of the appeal being…

…He urged that this is an appeal and/or application for stay of execution on the singular question of a nding of contempt by the Kerugoya High Court, in Consolidated Petition No. 3 of 2014.…

…Execution followed and the Appellant's properties were attached. But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer.…

…Mulwa was not holding a current practising certificate when the lower court concluded the proceedings on or about 28th June, 1995 and thereafter ordered execution. Mr.…

…The appellants (tenants) applied to the Business Premises Rent Tribunal on the 8th day of April, 1987, seeking orders to stay the execution of the orders of the Tribunal made on 10th March 1987.…

…I will first deal with the question of the Tribunal in granting an order for staying execution of its own orders on judgments.…

…U L I N G The application dated 25th September, 2002 and filed in court on 26th September, 2002 relates to appeal numbers 116 of 1993 and 117 of 1993 in which Honourable Justice Shields, as he then was, ordered stay of execution…

…Pending the hearing of the appeals, the appellant made an application for stay of execution and these are the applications which Justice Shields granted on 17th May 1993 condition of a deposit of Kshs.10,000/= per each appeal…

…The said costs to be paid within 14 days from to-day failing which execution to issue. 5. This appeal to be listed for hearing during the next session in Mombasa.…

…The respondent will have his costs for this application which is assessed at 1,500/= to be paid within 7 days of today, in default, execution to issue. Dated and delivered at Nairobi this 8th day of July, 1997. A. M.…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…He said the present review applicationis part of the continued scheme to frustrate execution of judgments obtained byhis clients over ten years ago.…

…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…

…Thereupon Mr Kwach retorted that “in order to win an Injunction and Stay of execution in the Court of Appeal on the 18.2.87 my learned Friend (Mr Khaminwa) informed the Court from the Bar, that he had a Report from the Pathologist…

…He applied for execution of his decree and the Bungoma court broker attached and sold eleven cattle belonging to Wamunyama.…

…The issues in a second appeal in the circumstances of the Wamunyama Nabiriki troubles, might be whether an action for damages for wrongful seizure and sale of eleven animals by a court broker in purported execution of a judgment…

…The said costs to be paid within 14 days from to-day failing which execution to issue. 5. This appeal to be listed for hearing during the next session in Mombasa.…

…He drew the attention of the Court to the fact that shortly before the execution of the alleged Will, the appellant had removed the deceased from his mother's house to his own house.…

…On the evidence, we are satisfied that the appellant did not discharge the onus of showing that he did not procure the execution of the alleged Will by unfair means, and the Judge was perfectly right to revoke the grant made…

…In execution of the said judgment the 1st respondent and his family were evicted from the suit premises in early 1980 and in the course their homes were pulled down.…

…On the question of inordinate delay we have earlier given a history of events which tend to show that in 1980 when the 2nd respondent, who first came to learn of the suit, when she was being evicted in consequence of execution…