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…NAI. 163 OF 1999 (UR. 62/99) BETWEEN MOSES KIPNGETICH KURGAT ..............................APPLICANT AND THE DISCIPLINARY COMMITTEE OF THE LAW SOCIETY ...................................RESPONDENT (Application for stay of…

…for stay in the lower court which application was rejected by the lower Court. 3.…

…Most fundamentally, the explanation offered does not form a good ground for failure to file the intended appeal out of time as a diligent litigant would not wait for an application for stay of execution to be heard first…

…herein for stay of execution of decree pending appeal.…

…The issue of bank guarantee is not a new one as it featured during hearing of the application for stay. It was common ground that a bank guarantee automatically expires after a year and would have to be renewed.…

…Responding to the Applicant’s application for stay of execution, the Respondent reiterated the provisions of Order 42 Rule 6(2) of the Civil Procedure Rules, and submitted that a Decree was issued following delivery of the…

…for stay of execution of the impugned Judgment.…

…They also emphasized that the application for stay was filed before lapse of the statutory period.…

…The first issue is whether there is a valid reference and the second issue is whether the instant application for stay can be allowed or not?…

…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…

…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.…

…that may be passed in Civil Suit No 115 of 1984 would not affect the respondents in this suit and for that reason a stay cannot be granted as requested on that basis unless the respondents are parties to that suit, and application…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…

…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.…

…a decree or order appealed from except appeal case of 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 or order, and whether the application…

…for such stay shall have been granted or refused by the court appealed from, the court to which such appeal is preferred shall be at liberty, on application being made, to consider such application and to make such order…

…for such stay shall have been granted or refused by the court appealed from, the court to which such appeal is preferred shall be at liberty, on application being made, to consider such application and to make such order…

…for stay of execution may be made informally immediately following the delivery of judgment or ruling. (6) Notwithstanding anything contained in subrule (1) of this rule the High Court shall have power in the exercise of…

…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 or order, and whether the application…

…for such stay shall have been granted or refused by the court appealed from, the court to which such appeal is preferred shall be at liberty, on application being made, to consider such application and to make such order…

…The court in exercising its discretion whether to grant [or] refuse an application for stay will consider the special circumstances of the case and unique requirements”. 17.         …

…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.…

…(Being an Application for stay of execution and leave of court to file the appeal out of time from the judgment and decree of the trial court, Hon. E. M.…

…The court has to consider whether it is in the interest of justice to grant the orders, whether the appeal is arguable and whether if the application for stay is refused, the appeal, if successful, would be rendered nugatory…

…She averred that the Applicant knew that it was to file an appeal within the required time but it ignored and instead filed an application for stay of execution.…

…The court has noted that the respondent raised the same objection during the hearing of the applicant’s application for stay of execution which was heard before Hon. Justice N. A. Matheka.…