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…a Stay of Execution of the judgement and Decree of this court pronounced on the 29.03.2023 would be dealt with.…

…Stay of Execution.…

…E018 of 2025, having correctly found that no order of stay of execution had been granted by the court to the judgment debtors/Defendants.…

…The Deputy Registrar granted an order of stay of execution without an application for such order before her by the Defendants.…

…of execution pending appeal.…

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

…of execution.…

…It is trite law that the purpose of stay of execution is to preserve the substratum of an appeal.…

…Analysis and determination The Court has considered the application and the main issue for determination is whether orders of stay of execution pending appeal should be issued.…

…stay of execution.…

…On the question if sufficient cause, the respondent submitted that there is no sufficient cause to warrant the grant of stay of execution orders pending appeal since an appeal does not operate as an automatic stay of execution…

…Numerous precedents have also addressed the issue of stay of execution pending appeal.…

…Primarily, the applicant sought orders of stay of execution of two judgments passed in Kisumu CMCC No. 275 of 2019 and Kisumu CMCC 276 of 2019. 3.…

…This Court has been called to determine a novel issue, whether stay of execution can be granted pending the hearing and determination of a new suit. 10.…

…grant of stay of execution orders. 21.…

…The respondent also submitted that it was improper for the applicant to seek a stay of execution absent an appeal; he should have sought leave to appeal out of time first and subsequently apply for stay of execution pending…

…Keneth Kiplagat Kamuren seeks an order of stay of execution of the judgment and decree issued on 7th March 2024 by the court pending hearing and determination of appeal in the court of appeal.…

…The principles guiding the grant of a stay of execution pending appeal are well settled.…

…Be that as it may, the Court of Appeal did not issue any directions or orders of stay of execution of the decree herein.…

…Further, the respondents have never moved this court for orders of stay of execution of the decree. 17.…

…Having said so, and inspite it’s wording this is essentially an application of stay of execution pending an appeal.…

…And Order 42 Rule 6 (1) commences thus: “No appeal or second appeal shall operate as a stay of execution …” That means that in seeking an order of stay of execution of a judgment herein pending an appeal, the Applicant was…

…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 of…

…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 (…

…She relied on Hussein Alo M Khaki & 2 Others Versus Saidi Juma & Another to outline the conditions that the applicant must meet before grant of stay of execution and emphasized that the power to grant stay of execution is…

…Further, Order 42 Rule 6 (2) provides for the conditions that the court ought to factor when dealing with an application for stay of execution pending appeal, thus: No order for stay of execution shall be made under sub-rule…

…She relied on Hussein Alo M Khaki & 2 Others Versus Saidi Juma & Another to outline the conditions that the applicant must meet before grant of stay of execution and emphasized that the power to grant stay of execution is…

…Further, Order 42 Rule 6 (2) provides for the conditions that the court ought to factor when dealing with an application for stay of execution pending appeal, thus: No order for stay of execution shall be made under sub-rule…

…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…

…The main function of a stay of execution pending appeal is to preserve the suit property pending the logical conclusion of an appeal.…

…operate 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…

…The Plaintiff has claimed, without offering any evidence in support, that there is an application for stay of execution pending before the Court of Appeal.…

…The applicant seeks to be granted a stay of execution of the orders issued in the ruling dated 26th July 2024. It is trite law that an appeal does not operate as a stay of execution.…

…The purpose of issuing an order for a stay of execution was explained in the case of RWW vs EKW [2019] eKLR, as follows: The purpose of an application for stay of execution pending an appeal is to preserve the subject matter…

…Stay of execution is governed by the provisions of Order 42 Rule 6 of the CPR.…

…of execution shall be made under sub-rule (1) unless— 1.…

…of execution.…

…Order 42 Rule 6 of the Civil Procedure Rules provides for a stay of execution in the following terms: (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from…