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….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…

….)) ************ RULING OF THE COURT This is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Mwanzi Road Properties Ltd (the applicant) for a stay of execution of the judgment and order of the superior…

….…………..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…

…........................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay…

…of execution of decree pending appeal.…

…...........................................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay…

…of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended appeal.…

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

…The stay was granted on condition that the appellant deposited Kshs.500,000/= in court. That condition was complied with on 23rd November, 2009.…

…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…

…As long ago as November 10, 1933 Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER…

…stay of execution orders, pending an appeal against its decision or judgment.…

…He also urges that in case stay of execution is granted, he be paid half of the decretal amount.…

…He avers that judgment in this matter was delivered on 5th February, 2025 and the defendant/applicant granted a 30 days stay of execution.…

…stay of execution granted by the trial court.…

…On 11th October, 2024, the applicant filed another application for stay of execution and for review of orders of conditional stay of execution of decree to allow the appellant to furnish a Bank Guarantee for Kshs.500,000…

…of execution. 9.…

…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 issue for determination is whether the Appellants/Applicants’ application for stay of execution pending appeal is merited. 10.…

…Order 42 Rule 6 (1) and (2) of the Civil Procedure Rules provides for stay of execution pending appeal as follows: - (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order…

…This court is under Order 42 rule 6 (1) granted the power to order for stay of execution in the following terms: - (1)No appeal or second appeal shall operate as a stay of execution or proceeding under a decree or order appealed…

…The principles governing the grant of stay of execution pending appeal are expressed under Order 42 rule 6(2) of the Civil Procedure Rules which states that; “(2)No order for stay of execution shall be made under subrule…

…THAT there be a stay of execution of the judgement and all consequential orders arising therefrom by the decision of Honourable Senior Principal Magistrate Mr. K.…

…of execution pending appeal. 3.…

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

…In the time acclaimed case of Butt-vs- Rent Restriction Tribunal (1982) KLR, the Court gave guidance on the exercise of discretion in granting of stay of execution pending appeal. It was held that: “1.…

…There be an order of stay of execution in Mumias SPMCC number E61 of 2022 pending the hearing of this application inter parties. e.…

…stay of execution pending appeal. 4.…

…By way of a Notice of Motion application dated 18th February 2025, the Applicant herein seeks orders of stay of execution of judgement and decree of Hon. P.Y.…

…As to whether the Appellant has satisfied the conditions for the grant of stay of execution pending Appeal; the principles guiding the grant of a stay of execution pending appeal are well settled.…