Search court decisions

…Two features of the interim order confirm that the trial court struck a proper balance.…

…First, the order is interim and provisional only; it decides nothing finally and abides the outcome of the DNA test and the main suit.…

…That pending the hearing of this application inter parties, the Honourable Court be pleased to issue an interim order of stay of execution of the Ruling dated 19th September, 2024 pending the hearing and determination of…

…That the Honourable Court be pleased to issue an interim order of stay of execution of the ruling dated 19th September, 2024 and any decree arising therefrom pending the hearing and determination of the appeal. 4.…

…On the material before court, an interim order is deserved to preserve the substrstum of the appeal pending arguments on the application. The application be served. Response be filed in 14 days.…

…An interim order of stay is hereby issued pending further orders/directions on the mention date. Mention on 2.12.25 '…

…I am, in light of the explanation tendered by counsel for the appellant, inclined to grant an interim order of stay of execution of the judgment delivered on 15.6.2021 in Milimani CMCC NO 8312 of 2018 until 21.7.2026.…

…Upon the Appellant''s Notice of motion dated 27th October 2025 coming up for directions at the ex parte stage for certification of the same as urgent and for consideration of it''s prayer for issuance of an interim order…

…Upon the Appellants' Notice of Motion dated 9.12.2025 coming up for hearing before me this 9.12,2025 ex parte for orders of certification as urgent and for grant of interim order of stay of execution of the judgment entered…

…certified as urgent. ii) The same be served within 2 days and a response be filed and served within 6 days from the date hereof. iii) Inter Partes hearing is scheduled on 16th December 2025 by way of oral submissions. iv) An order…

…The Appellant/Applicant’s Notice of Motion dated 2ndApril, 2025 seeks orders as follows:- “ (a) (Spent) (b) That pending the hearing and determination of this application, this court to issue an interim order of stay of execution…

…of its judgment of 27th March 2025 and an interim order of stay of execution of the decree in Mavoko CMCC Civil Suit No. 1051 of 2016: Edna Kemunto Machuki & Anor v Athi River Shalom Community Hospital.…

…I therefore make the following orders :- i) This application is certified as urgent. ii) An interim order of stay of execution is hereby granted against the ruling delivered on 25.8.2025 in Webuye Law Court MCCC E145 of 2025…

…That an interim order may be varied, reviewed, or set aside if there is discovery of new or important evidence or if there has been a material change in circumstances since the original order was made.…

…The respondent’s argument is that there is no conflict between the orders dated 8/06/2022 and 29/08/2023, and that an interim order can be varied, reviewed, or set aside upon the discovery of new or important evidence or…

…That an interim order may be varied, reviewed, or set aside if there is discovery of new or important evidence or if there has been a material change in circumstances since the original order was made.…

…The respondent’s argument is that there is no conflict between the orders dated 8/06/2022 and 29/08/2023, and that an interim order can be varied, reviewed, or set aside upon the discovery of new or important evidence or…

…RESPONDENT RULING Introduction The Appellant/Applicant filed a Notice of Motion dated 1 December 2023 seeking the following orders: (spent) That this Honourable Court be pleased to grant an interim order for stay of execution…

…of the judgment and/or decree entered herein at Gatundu CMCC NO. 452 of 2018 on 25 October 2023 pending the hearing and determination of this application inter partes ; That this Honourable Court be pleased to grant an interim…

…In the case of Cooperative Bank of Kenya Ltd v Banking Insurance & Finance Union (Kenya) [2015] eKLR, it was held that: “An order or stay of execution pending appeal is ordinarily an interim order which seeks to delay the…

…On 28 th July 2025, the Court directed that the application be listed for directions on 23 rd September 2025 and granted an interim order stating: “That in the meantime, a stay of execution of the decree is hereby granted…

…Accordingly, the Respondents contended that there was nothing remaining to evict, and no conduct that could constitute a violation of the interim order. 61.…

…In the case of Co-operative Bank of Kenya Limited v Banking Insurance & Finance Union (Kenya) [2015] eKLR, the Court of Appeal held as follows: - “An order for stay of execution [pending appeal] is ordinarily an interim order…

…It was likely an interim order pending the full hearing. The final ruling was delivered on 3 rd April 2025, and it is that ruling that is the subject of the main appeal.…

…In any event, an interim order of 11 th November 2024 would have been superseded by the final ruling of 3 rd April 2025.…

…Chepkwony referred to the case of Cooperative Bank of Kenya Limited vs Banking Insurance & Finance Union (Kenya) 2015 where the court of appeal held that: “…an order for stay of execution (pending appeal) is ordinarily an interim…

…order which seeks to delay the performance of positive obligations that are set out in a decree as a result of judgment.…

…It is noted that on 13th May, 2025, this court had issued interim order directing the appellant to deposit the entire decretal sum of Kshs. 1,282,260/= within thirty (30) days.…

…The applicant also relies on Co-operative Bank of Kenya Limited vs Banking Insurance & Finance Union (Kenya) [2015] eKLR where the court held as follows: “-An order of stay of execution (pending appeal) is ordinarily an interim…

…order which seeks to delay the performance of positive obligations that are set out in a decree as a result of a judgment.…