Case law
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Division and case type: CivilCivil Case
…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…
Division and case type: CivilCivil Case
…........................................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.…
Division and case type: CivilCivil Case
…...........................................................................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.…
Division and case type: Environment and Land CourtPetition
…This was whether the Petitioners/Applicants had met the legal threshold for the grant of a stay of execution of taxed costs pending the Intended Reference.…
…The grant for an Order of Stay of Execution is discretionary in nature.…
Division and case type: Environment and Land CourtPetition
…Therefore the principles that apply in applications seeking to stay execution of money Decrees apply fully in this matter.…
…Stay of execution Pending Appeal is governed by the provisions of Order 42 Rule 6 of the Civil Procedure Rules.…
Division and case type: Environment and Land CourtPetition
…Therefore the principles that apply in applications seeking to stay execution of money Decrees apply fully in this matter.…
…Stay of execution Pending Appeal is governed by the provisions of Order 42 Rule 6 of the Civil Procedure Rules.…
Division and case type: Environment and Land CourtPetition
…Therefore the principles that apply in applications seeking to stay execution of money Decrees apply fully in this matter.…
…Stay of execution Pending Appeal is governed by the provisions of Order 42 Rule 6 of the Civil Procedure Rules.…
Division and case type: Environment and Land CourtPetition
…The Respondent being aggrieved by the Judgement filed an Appeal before the Court of Appeal and an Application for stay of execution.…
…According to the Court, the Application for stay of execution was filed in the Court of Appeal. Any directions, orders or review can only be done by the Court of Appeal.…
Division and case type: Environment and Land CourtPetition
…What are the legal parameters for granting of stay of execution? 23. Under this Sub – title, the main gist of the matter is on whether or not to grant Stay of Execution from a delivered Ruling or Order of the Court.…
…The purpose of stay of execution is to preserve the substratum of the case.…
Division and case type: Environment and Land CourtPetition
…By their application before the Court, the Petitioners pray for this Court to issue a conservatory order, an order for status quo as well as an order of stay of execution of the judgment delivered herein on 25th April 2025…
…As for the prayer for stay of execution, it was again clear to me that by dismissing the Petition, the result was a negative order that was incapable of being stayed.…
Division and case type: Environment and Land CourtPetition
…That this Honourable Court be pleased to issue an order of stay of execution of the judgment delivered in this matter on 28th February, 2024 and all the consequential orders arising therefrom pending the hearing and determination…
…Order 42, rule 6 states: “No order for stay of execution shall be made under sub-rule (1) unless:- a.…
Division and case type: Environment and Land CourtPetition
…Therefore, the public interest favors the grant of an order for stay of execution pending appeal as the decision rendered by the High Court on 13th March 2023 has never been appealed against or reviewed by this Honourable…
…The Applicants framed two core issues, that is, whether they have met the requisite threshold for grant of stay of execution pending appeal, and whether the Court has the power to stay a negative order. 8.…
Division and case type: Environment and Land CourtPetition
…stay of execution of the garnishee order Nissi issued on 8th November 2023 and the judgement of this honourable court made on 6th March 2023.…
…Application for Stay of execution 29 The judgement debtor has made an application for stay of execution of the judgement of this honourable court made on 9th March 2023 pending the filing of an appeal.…
Division and case type: CivilCivil Case
…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.…
Division and case type: Constitutional and Human RightsPetition
…interest thereon at the Court rate; (d) the debtor is given leave to defend the rest of the creditors claim namely shs 430,000/- Mr Esmail has also deponed that on 23rd December, 1988, the debtor applied to this Court for stay…
…of execution of the said decree and on 10th January, 1989 the Court granted a stay of execution in respect of the order for possession of the suit premises only and that to on the condition that the debtor would provide…
Division and case type: CivilCivil Case
…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.…
Division and case type: Environment and Land CourtPetition
…Stay of Execution The Petitioners/Respondents sought a stay of execution of the taxation ruling pending the determination of the references.…
…A stay of execution of the taxation ruling dated 2 October 2024 is hereby granted pending the fresh taxation directed herein.…
Division and case type: Environment and Land CourtPetition
…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…
…of execution pending the hearing of a formal application. 19.…
Division and case type: Environment and Land CourtPetition
…application dated 2nd May 2025 seeking for an order that pending the inter partes hearing and determination of the application and the Notice of Motion application dated 23rd April 2025 by the Petitioner there be an order of…
…stay of execution and/or enforcement of the ex parte order of temporary injunction issued by the court on 28/4/2025.…
Division and case type: CivilCivil Case
…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.…