Search court decisions

….…………..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…

…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…

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

…The appellant has faulted the process of obtaining the warrants of attachment of moveable property in execution of decree for money and warrants of sale of property in execution of decree for money issued on the 11 th of…

…This court notes that a decree is the foundation of execution. Under Section 38 of the Civil procedure Act and Order 22 of the Civil Procedure Rules, execution can only issue upon a valid decree.…

…The application coming up for determination is a notice of motion dated 27th March, 2025 seeking the following orders; (i) Spent (ii) Spent (iii) THAT there be an order for stay of execution of the execution Judgement and…

…stay of execution granted by the trial court.…

…The manner of execution of decrees against the government was discussed in Republic vs.…

…This is so because execution is a lawful process.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…The Applicant's challenge to the execution process ought to have been filed in the lower court, which is the court that issued the warrants and is supervising the execution. 28.…

…The proper forum for challenging the execution process is the court that issued the warrants and is overseeing the execution. 29.…

…That stay of execution is in the discretion of the court and execution is a lawful process which cannot be prejudicial to the judgment debtor.…

…An Order of stay of execution pending appeal is in the discretion of the Court.…

…This is so because execution is a lawful process.…

…The Appellant argues that unless execution is stayed, it will suffer irreparable loss.…

…The Appellants seek a stay of execution, implying an intention to appeal the judgment delivered on 15th January 2024.…

…The Appellants filed this Notice of Motion for a stay of execution on 20th January 2025, a full year after the judgment.…

…This is so because execution is a lawful process.…

…EKW [2019] eKLR, the court considered the purpose of a stay of execution order pending appeal, in the following words: “The purpose of an application for stay of execution pending an appeal is to preserve the subject matter…

…The Respondent argues that execution is a lawful process and is no ground at all for grant of an order for stay of execution.…

…That unless this court stays execution, the Respondent shall proceed with execution and the Appellant/Applicant shall suffer irreparable loss and damage which will render the appeal nugatory.…

…He states that the lower court granted a thirty (30) days stay of execution upon delivery of the judgment.…

…He submitted that, although execution is a lawful right of a decree holder, the Court must intervene where such execution would destroy the substratum of the appeal and render it nugatory. 6.…

…That the 2nd Respondent settled its 20% share, but the Appellant defaulted, prompting execution for the outstanding Kshs. 1,672,447.…

…E003/2024) is unrelated and cannot stall execution.…

…Analysis The principles upon which the Court may grant stay of execution pending appeal are well settled.…

…This is so because execution is a lawful process.…