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…That the Interested Party need not have participated in the subordinate court proceedings in Kimilili MCCOMSU/E002 of 2025 for it to be an Interested Party in the instant proceedings. 9.…

…in the said proceedings in any capacity whatsoever.…

…In regard to stay of proceedings, Counsel for the Applicant submitted that this Honorable Court in exercising its discretion on whether to grant application for stay of proceedings ought to consider special circumstances…

…I take note that whereas, the Applicant’s motion sought for orders of stay of proceedings, the Respondent’s Counsel chose to submit on stay of execution rather than stay of proceedings.…

…That the Honourable Court erred in law and in fact when it applied the test applicable in stay of proceedings to the stay of proceedings application before her and therefore arrived at an erroneous conclusion contrary to…

…That explains why the law on stay of proceedings pending appeal will be concerned with the sole question of whether it is in the interest of justice to order a stay of proceedings…” 26.…

…That the Applicant has failed to demonstrate that the intended appeal raises arguable or weighty issues that justify interruption of ongoing proceedings; that it will suffer irreparable or substantial loss if proceedings…

…An appeal does not automatically stay proceedings.…

…Although the Sub-rule 1 mentions both the stay of execution and stay proceedings, the conditions given under Sub-rule 2 apply solely to stay of execution pending appeal and not stay of proceedings. 15.…

…unless the proceedings, beyond reasonable doubt, ought not to be allowed to continue. 17.…

…This was despite the title of the proceedings showing the correct claim number and parties. The above led me to resort to the lower court file just in case the appellant had filed proceedings of the wrong file.…

…I can only wonder where the proceedings for cliam number E1944 of 2023 were filed just the same way one should be worried in which file are the proceedings in the claim filed by one Catherine Kiuma placed.…

…circumstances warranting the interruption of the proceedings.…

…It nevertheless raises an arguable point which goes to the regularity of the interlocutory judgment and the propriety of the proceedings founded upon it. 10.…

…The Appellant seeks that this court be pleased to issue an order of stay of all proceedings in Mombasa CMCC No.…

…The applications for stay of proceedings were also filed without unreasonable delay. 21.…

…On this, Ringera J, in the case of Global Tours & Travels Limited, Nairobi HC Winding Up Cause No. 43 of 2000 stated the following: “As I understand the law, whether or not to grant a stay of proceedings or further proceedings…

…his litigation towards the trial on the basis of the substantive merits of his case, and therefore the court’s general practice is that a stay of proceedings should not be imposed unless the proceedings beyond all reasonable…

…The said deponent stated that the court in its ruling of 11th March 2025in Mombasa CMCC 2581 of 2018 dismissed its application through which it had sought stay of further proceedings, setting aside of proceedings/orders/directions…

…Stay of proceedings is a drastic remedy which is granted sparingly in the clearest of cases.…

…Following entry of judgment, the Appellant initiated execution proceedings with a view to recovering the decretal amount.…

…The proceedings contained in the record reveal that on numerous occasions, the hearing of the objection proceedings did not proceed as scheduled.…

…if the proceedings continue.…

…to participate in proceedings that should not lawfully involve him.…

…That it is in the interests of justice for the proceedings to be stayed awaiting the outcome of the appeal. That unless the proceedings are stayed the appeal will be rendered nugatory.…

…of the view that the appeal will be rendered nugatory if the proceedings are not stayed.…

…unless the proceedings, beyond reasonable doubt, ought not to be allowed to continue” 12.…

…Ringera J. in Global Tours & Travels Limited (Nairobi HC Winding Up Cause No 43 of 2000) had this to say on this matter of stay of proceedings: “I understand the law, whether or not to grant a stay of proceedings or further…

…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…

…The substantive order of stay of proceedings cannot be set aside by a side wind within the context of an informal application for the fixing of a hearing date, when the setting aside of the stay of proceedings was not specifically…

…Regarding the stay of proceedings, it was urged that the Court ought to grant a stay of proceedings, given the manner in which the Court below conducted the proceedings.…

…I will now turn to prayer for a stay of proceedings. It is the view of this Court that a stay of proceedings is a grave remedy that should be granted sparingly and only in exceptional circumstances.…

…(b) Stay of Proceedings 15. Stay of proceedings is a discretionary and exceptional remedy granted sparingly and only where the interests of justice so demand. 16.…

…The power to stay proceedings must therefore be exercised cautiously and judicially, bearing in mind that it temporarily interrupts a litigant’s right to pursue proceedings before a competent court. E.…

…Spent There be a stay of proceedings in Machakos SCCC No.…

…The Applicants submit that this Honourable Court has powers and jurisdiction to stay proceedings pending appeal and that the question of whether or not to grant an order for stay of proceedings is a discretionary one which…

…The said Court found that a stay of proceedings was a grave remedy that would seriously interrupt the trial process and could be issued only in exceptional circumstances. 5. Should this Court stay proceedings as prayed?…

…As earlier indicated, the Court below, in exercise of its discretion, chose not to grant a stay of proceedings.…