Case law
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Division and case type: High Court DivCivil Appeal
…of Justice .... the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is, on what terms it should be granted.…
…of justice to grant the orders sought; 9.…
Division and case type: High Court CivilCivil Appeal
…The said deponent stated that their appeal has high chances of success and if allowed, it would serve the interest of justice and that there would be no prejudice to the respondent.…
…of Justice .... the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is, on what terms it should be granted.…
Division and case type: High Court DivCivil Appeal
…of justice if it is applied to the correct suit file.…
…of justice if it is applied to the correct suit file.…
Division and case type: High Court CivilCivil Appeal
…The new evidence was prejudicial to the appellant, undermined due process, and it would be in the interest of justice to expunge or strike out the said supplementary record of appeal. 6.…
…During his submissions, Mr Mutubia, learned counsel for the 1st Respondent, urged that allowing the application dated 16th July 2025 would be in the interest of justice and would dispose of the appellant’s application. 13…
Division and case type: High Court CivilCivil Appeal
…of justice …… the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is so, on what terms it should be granted.…
…of justice …” 10.…
Division and case type: High Court CivilCivil Appeal
…Touts and Travel Limited, Nairobi HC Winding Up Cause No. 43 of 2000 Ringera J. held that: “As I understand the law, whether or not to grant a stay of proceedings is a matter of judicial discretion to be exercised in the interest…
…of justice… The sole question is whether it is in the interest of justice to order a stay of proceedings and if so, on what terms.” 8.…
Division and case type: High Court DivCivil Appeal
…That if the respondent executes the judgment, the appeal will be rendered nugatory and that it is in the interest of justice that stay be granted since the amount would be expended from public resources.…
…That it is also in the interest of justice that stay be granted since the effect of the impugned judgment is to alter the law affecting the independence of the applicant. The application was unopposed.…
Division and case type: High Court CivilCivil Appeal
…In my view, the additional evidence sought to be adduced is directly relevant to the matter before the court and it is in the interest of justice to have the same adduced.…
…relevant to the matter before the court and is in the interest of justice, the applicant said the evidence is on the causation of the accident and thus relevant herein and it is in the interest of justice that the same be…
Division and case type: High Court CivilCivil Appeal
…of justice herein. h) The best interest of the applicant herein would be best served if this appeal is reinstated and directions given for hearing. i) The Applicant is desirous of having this appeal heard to its lawful conclusion…
…. j) The Application has been filed swiftly without delay. k) The Applicant will suffer great loss and damage if the instant application is not granted and the Respondent will suffer no prejudice. l) The best interest of…
Division and case type: High Court CivilCivil Appeal
…He urged that it is in the interest of justice that this Application be allowed as prayed. Applicants’ Submissions 7.…
…of justice …… the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is so, on what terms it should be granted.…
Division and case type: High Court DivCivil Appeal
…The Appellant averred that she undertakes to reimburse any monies that would be justified on appeal as deserving to the Respondent and that it is in the interest of justice that the application be allowed.…
…The same raises serious arguable issues of law and it is in the interest of justice that the Applicant is granted an opportunity to exercise her right of Appeal.…
Division and case type: High Court DivCivil Appeal
…I wish to state at the outset that an order for stay of proceedings is a remedy granted at the discretion of the court in the interest of justice.…
…In deciding whether or not to order stay of proceedings, the overarching consideration for the court ought to be whether it was in the interest of justice to grant the order sought and if it was, on what terms. 13.…
Division and case type: High Court DivCivil Appeal
…of justice.…
…of justice… the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is on what terms it should be granted.…
Division and case type: High Court DivCivil Appeal
…court quoted Ringera J. as follows: “As I understand the law, whether or not to grant a stay of proceedings or further proceedings on a decree or order appealed from is a matter of judicial discretion to be exercised in the interest…
…of Justice .... the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is, on what terms it should be granted.…
Division and case type: High Court CivilCivil Appeal
…That this honourable court do make any such further order(s) and issue any other relief it may deem just to grant in the interest of justice. That the costs of the application be in the cause. 2.…
…As for his failure to file a record of appeal in the timeline directed by this court, I will in the interest of justice indulge him given that he is now in possession of the proceedings, judgment and decree of the lower court…
Division and case type: High Court DivCivil Appeal
…orders sought herein are granted. k) THAT it is in the interest of justice and fairness that the application is allowed as prayed. 3.…
…The applicant contends that the Court therefore dismissed the Preliminary Objection on an erroneous premise, which amounts to an error apparent on the face of the record thus it is in the interest of justice that the orders…
Division and case type: High Court CivilCivil Appeal
…It is in the interest of justice that litigation comes to an end.…
…The application has been lodged without inordinate delay , and it is in the interest of justice and fairness that the orders sought be granted. The Respondent will suffer no prejudice should the orders be granted.…
Division and case type: High Court DivCivil Appeal
…where the court stated thus; “……As I understand the law, whether or not to grant a stay of proceedings or further proceedings on a decree or order appealed from is a matter of judicial discretion to be exercised in the interest…
…of justice .... the sole question is whether it is in the interest of justice to order a stay of proceedings and if it is, on what terms it should be granted.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The application is supported by the affidavit of Mary Wanja Karanja, a director of the Appellant, who deposes that the Appellant is aggrieved by the judgment and that it is in the interest of justice to stay execution pending…
…The jurisprudence on the conditions for granting a stay of execution pending appeal is well-established that mere assertions or a general invocation of the "interest of justice" are insufficient.…
Division and case type: High Court CivilCivil Appeal
…That the respondent stands to gain unjust enrichment against the appellant and therefore it is in the interest of justice and fair play that the orders sought are granted. 4.…
…That the application has been brought without undue delay and in good faith thus it is in the interest of justice that the orders sought be granted. 7. This is an application for stay of execution pending appeal.…