Judgment[1998] KEHC 235
Case law
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Division and case type: CivilCivil Case
…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…
…Both in the application and the affidavit in support of the same, it has been stated that the defendant will suffer substantial loss and will be ruined if an order for stay is not granted.…
Division and case type: CivilCivil Case
…By virtue of the provision of o 41 rule 4 (2) of the Civil Procedure Rules – “No order for stay of execution shall be made under sub rule (1) unless – (a) the Court is satisfied that substantial loss may result to the applicant…
…Upon my assessment of the matter I am satisfied that substantial loss may result if the application is not made.…
Division and case type: CivilCivil Case
…Rule 4(2) aforesaid provides as follows: “ (2) No order for stay of execution shall be made under sub-rule (1) unless- (a) the court is satisfied that substantial loss may result to the applicant unless the order is made…
…Substantial loss may thereby occur. The application for sty was filed timeously. In view of the foregoing I am inclined to grant the stay sought by preserving the status quo.…
Division and case type: CivilCivil Appli
…He said the applicant has notshown the substantial loss it would suffer.…
…If there isno evidence of substantial loss to theapplicant it would be a rare case when anappeal would be rendered nugatory by someother event.…
Division and case type: Milimani Commercial CourtsCivil Case
…The prosecution of the Defendants aforesaid application and/or taking of further proceedings herein will render any success of the Plaintiffs appeal nugatory. 4) The Plaintiffs also stand to suffer severe prejudice and substantial…
…loss and damage of their case based on the findings on Hon.…
Division and case type: Milimani Commercial CourtsCivil Case
…The prosecution of the Defendants aforesaid application and/or taking of further proceedings herein will render any success of the Plaintiffs appeal nugatory. 4) The Plaintiffs also stand to suffer severe prejudice and substantial…
…loss and damage of their case based on the findings on Hon.…