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….…………..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…

…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…

…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…

…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…

…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…

…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…

…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…

….……….APPLICANT VERSUS AHMED BAHANNAN………………….RESPONDENT RULING The Garnishee applies for stay of execution and setting aside the Garnishee order Nisi of October 15, 1990 served on October 17, 1990 and was for hearing on October…

…I must therefore stay execution of the order as prayed and also set it aside.…

…to the terms of the judgment, and one, Ngong/Ngong/4975, was awarded to the applicant but the respondent and his family are still living on it because by an order of this court in Nairobi Civil Application 42 of 1982 a stay…

…of execution was made with the consent of the respondent and George Roine Tito and Daniel Ndichu until the intended appeal had been heard and determined.…

…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…

…of the attachment in March, 1992 and in the ordinary course of events and on balance of probabilities, it is this Court’s finding of fact that the objector must have been aware of the attachment and the application for stay…

…of execution made by her husband.…

…That part of the application which is to set aside the stay of execution granted by Nyarangi, J, on July 23, 1980 is incompetent, but it matters not, because the stay was granted pending the disposal of the appeal which is…

…There be stay of execution on this sum for 14 days hereof. 3. The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4.…

…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…

…A judge can under the Rules of court grant a stay of execution pending an appeal.…