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…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…

…By virtue of the provision of o 41 rule 4 (2) of the Civil Procedure Rules – “No order for stay of execution shall be made under sub rule (1) unless – (a) the Court is satisfied that substantial loss may result to the applicant…

…........................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay…

…of execution of decree pending appeal.…

…1984 (In the matter of an intended appeal) BETWEEN KENYA CASEMENTS LIMITED…………………………………………........................APPLICANT AND IDEAL CASEMENTS LIMITED………………………………………..........................RESPONDENT (Appliation for stay…

…of execution pending an intended appeal from a judgment of the High Court of Kenya at Nairobi (Porter, J) dated 23rd November, 1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During the course of this application…

…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…

…execution in an intended appeal from the ruling and order of the High Court of Kenya at Nairobi (Hon.…

…...........................................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay…

…of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended appeal.…

…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…

…NO. 44 OF 1998) ************** RULING OF THE COURT The applicant seeks the exercise of our discretionary jurisdiction under rule 5 (2) (b) of the Rules of this Court and order a stay of execution of the decree of the superior…

…There is now before me an application by way of Chamber Summons under Order 41 Rule 4 and order 21 of the Civil Procedure Rules and section 3A of the Civil Procedure Act for orders that there be a stay of execution pending…

…However, that notwithstanding, the applicant has to satisfy the requirements of order 41 rule 4(2) in order to secure stay of execution.…

…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.…

…The plaintiff/advocate applied by an application 3rd November, 2007 for stay of execution and setting aside the Court’s orders. This was withdrawn and another filed on 2nd December, 2008 that was duly struck out. 4.…

…The said application was partially abandoned on the issue of stay of execution. II: Application 10th December, 2008 On the setting aside the courts dismissal orders . 5.…

…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.…

…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…

…But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer. After recounting the law and the admission by Mr. Mulwa it needs no further propounding. Mr.…

…on the case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay…

…of execution.…

…on the case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay…

…of execution.…

…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…

…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…

…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…

…me by their Chamber Summons dated 20th June, 1989 and filed in court on 30th June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay…

…of execution, that the defendants be granted leave to file their defence out of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs of this application be provided…

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