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…The two applications for execution filed by the 1st Defendant on 9th June 2023 and 18th December 2023 were both titled "Application for the execution of Decree" Section 38 of the Civil Procedure Act provides for the power…

…of the court to enforce execution and states that: “Subject to such conditions and limitations as may be prescribed, the court may, on the application of the decree-holder, order execution of decree--— (a) by delivery of…

…THAT this Court do grant a stay of Execution of the Decree herein pending the hearing and determination of the Intended Appeal. THAT costs of this Application be on the cause.…

…not amount to “substantial loss”; and therefore, an applicant seeking a stay of execution needs to show that the execution in question will create a situation that will negate essential core of the Intended Appeal.…

…Although the respondents averred that they filed an application seeing stay of execution, it is not clear to this court whether or not the application filed at the court of appeal actually sought a stay of execution pending…

…The law regarding stay of execution of decrees or orders pending appeal is clear. An appeal or a second appeal does not act as an automatic stay of execution.…

…That in the meantime, the Applicant is exposed to execution of the judgement by the Respondent and that eviction proceedings are eminent.…

…Regarding the prayer for stay of execution, it is the correct position as stated by both parties that the orders issued in the judgement whose execution is sought to be stayed were an order for dismissal of the suit and an…

…as a stay of execution or proceedings under a decree or order appealed from except in so far as the court appealed from may order but, the court appealed from may for sufficient cause order stay of execution of such decree…

…Execution is a legal process which should not be injudiciously halted. In James Wangalwa & Another vs.…

…The 2nd Defendant contended that the execution process initiated by the Plaintiffs was a nullity.…

…This is the procedure for execution against the Government or Government organs or bodies shielded from execution by the establishing Act or the Government Proceedings Act, Chapter 40 Laws of Kenya.…

…The question of stay of execution pending appeal is governed by Order 42, Rule 6 of the Civil Procedure Rules, which provides as follows: “(1) No appeal or second appeal shall operate as a stay of execution or proceedings…

…This is so because execution is a lawful process.…

…The Defendants applied for a stay of execution of the judgment pending appeal to the Court of Appeal. The stay application was dismissed on 22nd November 2023.…

…Stay of execution is provided for under Order 42 Rule 6 of the Civil Procedure Rules.…

…Execution can be filed before the Appellate Court.…

…should now grant him/her the Orders of Stay of Execution pending Appeal.…

…The grounds for grant of orders of stay of execution of decree/judgement are provided for in Order 42 Rule 6(2) of the Civil Procedure Rules 2010 it as follows: “No order for stay of execution may be made under sub rule (…

…That application to stay execution of the judgement and decree dated 23rd February, 2022 is guilty of extreme and inordinate delay and laches.…

…That in view of the above the Defendants and or their advocate must be condemned to bear the Auctioneer''s Charges arising from the irregular execution.…

…, nor a copy of any order for the execution of the decree.…

…The principles upon which this Court may grant stay of execution pending appeal are set out under Order 42 Rule 6(2)(a) and (b) of the Civil Procedure Rules, which states as follows: “No order for stay of execution shall…

…Limited [2014] eKLR, the Court held that: “The possibility that substantial loss will occur if an order of stay of execution is not granted is the cornerstone of the jurisdiction of court in granting stay of execution pending…

…THAT the Honorable Court be pleased to issue an order of stay of execution of the Decree and Order of the Honorable Court, Hon.…

…He added that there is imminent threat of execution of the decree and that he would suffer irreparably if he was evicted.…

…The defendant has come to this court vide application dated 4th June 2024 seeking orders that pending the hearing and determination of an appeal against the entire decision of this court there be stay of execution of the…

…For an order of stay of execution pending appeal to be granted, the applicant must demonstrate that he can offer a security.…

…The laws governing stay of execution are the provision of Order 42 Rule 6 of the Civil Procedure Rules, 2010 which provides that: “(1)No appeal or second appeal shall operate as a stay of execution or proceedings under a…

…The first ground to be established is whether a substantial loss may result to the Applicant unless a stay of execution is granted.…

…That after the police visited the suit property is when they instructed their current advocate who filed the application for stay of execution.…

…Therefore, imminent execution alone, including imminent eviction, cannot be the basis for grant of stay.…

…The application seeks orders for stay of execution of the decree herein pending hearing and determination of the application.…

…It is his case that he now faces imminent eviction and that unless execution is stayed, he will suffer substantial loss. He urges the Court to intervene in the interest of justice.…

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

…An application for stay of execution may be made in either this court or in the appellate court.…

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

…Commonly, the applicant may obtain a stay of further proceedings or execution, if he shows facts which point to a conclusion that to allow execution or further proceedings to go ahead before appeal concluded would let an…