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…APPELLANT AND MEA LIMITED ........................................RESPONDENT (An application for stay of execution of the order and decree pending the lodging and hearing of an intended appeal from the ruling and order of…

…NO. 474 OF 1997) *************** RULING OF THE COURT This is an application under rule 5 (2)(b) of the Court of Appeal Rules for a stay of execution of the ruling and order of Rimita J given on 17th March, 1999.…

….……………..APPLICANT AND MAINA MUCHIRI GILBERT ROAD PROPERTIES LIMITED……………..RESPONDENTS (Application for a stay of execution of the judgment of the High Court of Kenya at Nairobi (Mr.…

….)) ************ RULING OF THE COURT This is an application under rule 5(2)(b) of the Court of Appeal Rules brought by Mwanzi Road Properties Ltd (the applicant) for a stay of execution of the judgment and order of the superior…

….…………..RESPONDENT (Application for stay of execution pending an appeal in the High Court at Nairobi, Bosire J) JUDGMENT In form this is an application for an interlocutory injunction under Rule 5(2) (b) of the Rules of the…

…APPELLANT AND WARUGONGO....................................................RESPONDENT (Application for stay of execution pending appeal from a judgment of the High Court at Mombasa, Bosire J) RULING February 17, 1988, Platt…

…On January 29, 1988, at Mombasa, the court decided to grant a stay of execution upon terms that the respondent pay Kshs 100,000 to the widow (on certain terms as to disbursement amongst the widow and her children), and the…

…The respondents also asked (at the last moment) for a stay of execution of the decree passed in the suit because the application for execution was not served on them and there was no order for service to be dispensed with…

…The appellant applied on June 15 for execution of the decree by attachment and sale of the respondents’ machinery, motor vehicles, stock-in-trade and other attachable property registered in the above company (sic) to satisfy…

…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…

….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

…The appellant has faulted the process of obtaining the warrants of attachment of moveable property in execution of decree for money and warrants of sale of property in execution of decree for money issued on the 11 th of…

…This court notes that a decree is the foundation of execution. Under Section 38 of the Civil procedure Act and Order 22 of the Civil Procedure Rules, execution can only issue upon a valid decree.…

…The application coming up for determination is a notice of motion dated 27th March, 2025 seeking the following orders; (i) Spent (ii) Spent (iii) THAT there be an order for stay of execution of the execution Judgement and…

…stay of execution granted by the trial court.…

…The manner of execution of decrees against the government was discussed in Republic vs.…

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

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…The Respondent has initiated the execution process where the Respondent has taxed their bill of costs to prepare decree for purpose of execution.…

…The question that begs is whether this court can issue stay of execution on a negative order.…

…The Applicant's challenge to the execution process ought to have been filed in the lower court, which is the court that issued the warrants and is supervising the execution. 28.…

…The proper forum for challenging the execution process is the court that issued the warrants and is overseeing the execution. 29.…

…That stay of execution is in the discretion of the court and execution is a lawful process which cannot be prejudicial to the judgment debtor.…

…An Order of stay of execution pending appeal is in the discretion of the Court.…

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

…The Appellant argues that unless execution is stayed, it will suffer irreparable loss.…

…The Appellants seek a stay of execution, implying an intention to appeal the judgment delivered on 15th January 2024.…

…The Appellants filed this Notice of Motion for a stay of execution on 20th January 2025, a full year after the judgment.…

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

…EKW [2019] eKLR, the court considered the purpose of a stay of execution order pending appeal, in the following words: “The purpose of an application for stay of execution pending an appeal is to preserve the subject matter…