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…An order of stay of execution of the judgment of this court can only be granted by this Court or the Court of Appeal.…

…The Defendants argued that the Deputy Registrar did not issue an order of stay of execution but merely “exercised judicial discretion to defer execution in light of a pending appeal”.…

…The two applications for execution filed by the 1st Defendant on 9th June 2023 and 18th December 2023 were both titled "Application for the execution of Decree" Section 38 of the Civil Procedure Act provides for the power…

…of the court to enforce execution and states that: “Subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree-holder, order execution of decree--— (a) by delivery of…

…Failure to put security for costs as ordered will cause the order for stay of execution to lapse.…

…It is trite law that the purpose of stay of execution is to preserve the substratum of an appeal.…

…arising from the execution and the application be borne by the Interested Parties.…

…The warrants have since been recalled following the finding that execution had been commenced before a decree had been extracted.…

…THAT this Court do grant a stay of Execution of the Decree herein pending the hearing and determination of the Intended Appeal. THAT costs of this Application be on the cause.…

…not amount to “substantial loss”; and therefore, an applicant seeking a stay of execution needs to show that the execution in question will create a situation that will negate essential core of the Intended Appeal.…

…It seeks orders as follows: i) [………] spent. ii) [………] spent. iii) [……....] spent. iv) That there be stay of execution and/or further execution and/or enforcement of the decree made on 0/02/2024 and the subsequent decision…

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

…Although the respondents averred that they filed an application seeing stay of execution, it is not clear to this court whether or not the application filed at the court of appeal actually sought a stay of execution pending…

…The law regarding stay of execution of decrees or orders pending appeal is clear. An appeal or a second appeal does not act as an automatic stay of execution.…

…That in the meantime, the Applicant is exposed to execution of the judgement by the Respondent and that eviction proceedings are eminent.…

…Regarding the prayer for stay of execution, it is the correct position as stated by both parties that the orders issued in the judgement whose execution is sought to be stayed were an order for dismissal of the suit and an…

…the Plaintiff is aggrieved by the Ruling delivered by  this Court on 4th July 2025 and that the same is the basis for the prayer for the stay of execution. 7.   …

…In respect of an application for stay of execution, Order 42 Rule 6(2) of the Civil Procedure Rules provides as follows: “(2)         No order for stay of execution shall be made under sub-rule (1) unless- (a)   the Court…

…as a stay of execution or proceedings under a decree or order appealed from except in so far as the court appealed from may order but, the court appealed from may for sufficient cause order stay of execution of such decree…

…Execution is a legal process which should not be injudiciously halted. In James Wangalwa & Another vs.…

…Unless an order of stay of execution is granted, the applicants/defendants intended appeal will be defeated as the respondents are likely to proceed with execution during the pendency of the appellants intended appeal.…

…as a stay of execution or proceedings under a decree or order appealed from except appeal case of in so far as the court appealed from may order but, the court appealed from may for sufficient cause order stay of execution…

…Order 42 Rule 6 provide for stay of execution as follows; 1.…

…No order for stay of execution shall be made under sub rule 1 unless:- a.…

…The Defendants applied for a stay of execution of the judgment pending appeal to the Court of Appeal. The stay application was dismissed on 22nd November 2023.…

…Stay of execution is provided for under Order 42 Rule 6 of the Civil Procedure Rules.…

…The 2nd Defendant contended that the execution process initiated by the Plaintiffs was a nullity.…

…This is the procedure for execution against the Government or Government organs or bodies shielded from execution by the establishing Act or the Government Proceedings Act, Chapter 40 Laws of Kenya.…

…The question of stay of execution pending appeal is governed by Order 42, Rule 6 of the Civil Procedure Rules, which provides as follows: “(1) No appeal or second appeal shall operate as a stay of execution or proceedings…

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

…The attachment of shares in CIC Insurance Group PLC is a lawful and sequential step in execution, since the land execution failed due to a  Prohibition Order  in  Nakuru CMCC No. 278 of 2021 , a case unrelated to her. iv.…

…There is therefore no multiplicity or duplicity in pursuing sequential execution once an earlier attempt fails.…

…The grounds for grant of orders of stay of execution of decree/judgement are provided for in Order 42 Rule 6(2) of the Civil Procedure Rules 2010 it as follows: “No order for stay of execution may be made under sub rule (…

…That application to stay execution of the judgement and decree dated 23rd February, 2022 is guilty of extreme and inordinate delay and laches.…

…Execution can be filed before the Appellate Court.…

…should now grant him/her the Orders of Stay of Execution pending Appeal.…

…That in view of the above the Defendants and or their advocate must be condemned to bear the Auctioneer''s Charges arising from the irregular execution.…

…, nor a copy of any order for the execution of the decree.…