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…The Respondent further argues that the Appellant has failed to demonstrate substantial loss, and that the application thus lacks merit. 4.…

…Substantial Loss 10.…

…That since the applicant was neither a candidate nor tenderer, he was a stranger and would not suffer any substantial loss. That public interest is no substitute for substantial loss. 11.…

…The second and most important principle is substantial loss.…

…He states that he is likely to suffer substantial loss if compelled to satisfy the decretal sum.…

…He also cites Mukuma v Abuoga (1988) KLR 645, where the Court of Appeal underscored the importance of demonstrating substantial loss. 18.…

…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…

…It is trite that proof that substantial loss is likely to be suffered, is at the centre of granting a stay order pending Appeal.…

…On substantial loss, counsel reiterated the applicant’s position and submitted that the applicant will suffer substantial loss if the orders sought are not granted.…

…motion, or is likely to be put in motion, by itself, does not amount to substantial loss.…

…On substantial loss, the Appellant contends that she is an elderly woman who would suffer immensely committed to civil jail in execution of the decree.…

…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…

…He urged that the appeal has high chances of success and he is likely to suffer substantial loss if stay is not granted. 4.…

…Substantial loss was explained in the case of James Wangalwa & Another vs.…

…The appellants/applicants had the duty of showing that they would suffer substantial loss. 10. What is a substantial loss?…

…loss thus:“…the issue of substantial loss is the cornerstone of both jurisdictions.…

…That it will suffer substantial loss unless a stay is granted; b. That the application was filed without undue delay; and c.…

…What amounts to a substantial loss has been defined in a number of cases.…

…The court defined what constitutes a substantial loss in the case of James Wangalwa & another v Agnes Cheseto [2012] KEHC 1094 (KLR).…

…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…

…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…

…Substantial loss is what has to be prevented by preserving the status quo because such loss would render the appeal nugatory.”…

…As regards the issue of whether the Applicant stands to suffer substantial loss if the orders sought is not granted, it was submitted that the applicant/appellant stands to suffer substantial loss because the 1st respondent…

…It means the court will not consider assertions of substantial loss on the face value but the court in exercising its discretion would be guided by adequate and proper evidence of substantial loss....…

…In respect to merits of the Application, he submitted that regarding “substantial loss”, none has been demonstrated since execution in itself does not amount to “substantial loss”, which argument the Appellants have based…

…The second condition is whether the Appellant would suffer “substantial loss” should the order of stay of execution not be granted. As regards what constitutes “substantial loss”, F.…

…When it comes to substantial loss, the court in Mukuma V Abuoga (1988) KLR 645 the court held: “…the issue of substantial loss is the cornerstone of both jurisdictions.…

…Advocates vs East Africa Standard (No.2) [2002] 2KLR 63 at page 67 , Kuloba J, defined substantial loss as thus; “If the applicant cites, as a ground, substantial loss, the kind of loss likely to be sustained must be specified…

…He was apprehensive that the appeal might, therefore, become academic and, as such, they would suffer substantial loss and damage. 5.…

…Whether the appellant/ applicant had demonstrated that it would suffer substantial loss if the application were not allowed; and b.…

…(b) Whether the Applicant has demonstrated that substantial loss may result if stay is not granted 11. The Appellant merely states that execution will result in substantial loss.…

…The applicant must show substantial loss.” 13.…

…The Applicant added that it stands to suffer substantial loss as the 2nd Respondent may proceed with execution, thereby rendering the appeal nugatory.…

…The 2nd Respondent opposed the application and submitted that the Applicant has not demonstrated substantial loss, that execution of a lawful decision does not amount to substantial loss and that the Applicant failed to prove…

…That leaves the first condition, whether the applicant shall suffer substantial loss unless a stay is granted. Has it been satisfied in this case? 6.…

…loss thus: “…the issue of substantial loss is the cornerstone of both jurisdictions.…

…That it will suffer substantial loss unless a stay is granted; b. That the application was filed without undue delay; and c.…

…What amounts to a substantial loss has been defined in a number of cases.…