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…E025 of 2023 and an application for stay of execution of the said judgment being Civil Application No. E002 of 2024.…

…It is also correct that the Defendant’s application for stay of execution was disallowed by this Court.…

…The plaintiff further submits that there is no valid appeal lodged before the Court of Appeal on which the application for stay can be hinged.…

…The application for stay and the appeal are said to have been filed out of time. 15.…

…for stay of execution of the Judgment of this Court delivered by Justice L.L.…

…That the Advocate acting on behalf of the Plaintiffs never informed them of the existence of the application for stay of execution and hence the failure to have a response filed.  …

…That the Plaintiff filed an application for stay at the Court of Appeal and which court made orders on 19th August 2024 declining to issue interim orders or certify the matter as urgent and directed that that parties do file…

…I note that the Plaintiff filed their application for stay in this court after directions of the Court of Appeal had been issued and their Notice of Withdrawal of Application filed at the Court of Appeal came way after they…

…In the event the aggrieved party is again dissatisfied with the outcome of the Application seeking for a Stay of Execution from the Court that pronounced the Judgement being challenged, then another application for Stay of…

…The first instance of making an Application for Stay of Execution is from the Court which its Ruling, Judgement and/or Decree is being appealed against and the second instance is in the Appellant Court.…

…I have considered the application. It is for stay pending appeal.…

…the application for stay need to have been made without unreasonable delay, and that the court is satisfied that substantial loss may result to the applicant unless the order is made. 8.…

…The respondent in her reply argues that costs are yet to be taxed hence application for stay of execution is premature. That she has not applied for leave to execute the decree.…

…The court, in RWW v EKW [2019] eKLR, 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…

…The Court of Appeal set out the factors to be considered in an application for stay of execution pending appeal in Butt v Rent Restriction Tribunal [1982] KLR 417, as follows: 1.…

…The power of the court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal. 2.…

…Counsel deponed that the application is an abuse of the court process, as upon delivery of the judgment, the Applicant filed an application for stay of execution dated 7th November 2024, under certificate of urgency, whereby…

…The brief background to this case is that the Applicants,  upon delivery of the judgment, filed an application for stay of execution dated 7th November 2024, under certificate of urgency, whereby the court gave directions…

….……………………………… PLAINTIFF VERSUS KWANZA ESTATES LIMITED ……………………………………………… DEFENDANT RULING (Application for stay of execution pending appeal; principles to be applied; judgment having entered in favour of the plaintiff; stay…

…I have already mentioned that it is an application for stay of execution pending appeal. 5. To oppose the motion, the respondent filed a replying affidavit sworn by Henry Moracha, a director thereof.…

…The Plaintiff is opposed to the application for stay and terms the same as being misconceived and an abuse of the Court process.…

…The power of the Court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal; 2.…

…This is because, due to the potential of an application for stay of proceedings to inordinately delay trial, there is a policy in favour of applications for stay being handled in the Court to which an appeal is preferred…

…for stay was filed expeditiously and without delay. 13.…

…Mr Arusei submitted that the Applicant should have filed the Application for stay of proceedings in the Court of Appeal and not in the ELC as it is functus officio.…

…This matter is still pending before this court and there would be no harm in hearing the application for a stay of proceedings.…

…Order 42 Rule 6 of the Civil Procedure Rules governs applications for stay of execution and guides the court on whether to grant stay of execution or not.…

…There is no evidence that such an Appeal has been filed, which can be argued that it will be rendered nugatory if the application for a stay of execution is not granted. 15.…

…for stay in the Court of Appeal is yet to be determined by the said Court.…

…The Plaintiff has claimed, without offering any evidence in support, that there is an application for stay of execution pending before the Court of Appeal.…

…Finally, his application for stay ought to be dismissed as it has no legal basis. (4) Counsel for the parties filed written submissions dated 17-4-2026 and 5-5-2026. The issues identified are as follows.…

…Paragraph 4 of the supporting affidavit dated 5-3-2026 is therefore not correct where it alleges that such annexure was filed. (6) Since this is an application for stay of execution pending appeal, the applicable provision…

…(Application for stay pending appeal filed by 4th defendant; stay granted subject to conditions on deposit of monies as security and for status quo to be maintained) 1.…

…Aggrieved, the applicant filed a notice of appeal on 28 February 2025 and followed it up with this application for stay pending appeal. 5.…

…Indeed to grant or refuse an application for stay of execution pending appeal is discretionary.…

…“The power of the court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal. 2.…

…for stay of execution.…

…for stay of execution.…