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….……………..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 ANJERE..............................................................RESPONDENT (Application for a stay of execution in an intended appeal from an order of the High Court at Nairobi, Amin J) RULING July 6, 1988…

…It is against this High Court Order that the application is made for stay of execution pending the hearing of the intended appeal. There has been an unexplained delay in the matter.…

…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.…

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

…1983 in High Court Civil Case No 2719 of 1983 (O.S RULING During the course of this application by the Respondent to the Originating Summons, which came before the High Court in July and November last year, to stay the execution…

…DEVELOPMENT CORPORATION.....................................................APPLICANT AND DABER ENTERPRISES LIMITED...................................................................RESPONDENT (An application for a stay of execution…

…Kamaara argued that stay of execution of a money decree is not normally granted. He relied on the case of Kenya Shell Limited vs. Karuga & Another [1982-88] 1 KAR 1018 in support of his argument.…

….…………..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…

…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…

…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…

…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…

…The plaintiff has not yet executed the judgment and there has been no stay of execution.…

…In accordance with order XLI Rule 4 of the Civil Procedure Rules, the plaintiff can either take execution (since the appeal intended does not operate as a stay) or if a stay is ordered, the defendant will have to give security…

…application and order that the Notice of Appeal filed herein on 13th July, 1994 and dated 11th July, 1994 be and is hereby struck out with costs for the applicant assessed at Shs.500/-, to be paid within 7 days and the defendant execution…

…The applicant shall pay to the Respondent costs of this application assessed at K.Shs.5,000/= payable within 10 days failing which execution may issue. Dated and delivered at Nairobi this 7th day of November, 2000. A.A.…

…NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT (Being an application for stay of execution in an intended appeal from a Decision of the High Court of Kenya…

…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…

…The respondent will have his costs for this application which is assessed at 1,500/= to be paid within 7 days of today, in default, execution to issue. Dated and delivered at Nairobi this 8th day of July, 1997. A. M.…

…Advocate Mr Khaminwa for Mrs Otieno then lodged notice of appeal and in addition filed Civil Application No 18 of 1987 for stay of execution pending further order of the Court of Appeal.…

…Thereupon Mr Kwach retorted that “in order to win an Injunction and Stay of execution in the Court of Appeal on the 18.2.87 my learned Friend (Mr Khaminwa) informed the Court from the Bar, that he had a Report from the Pathologist…

…terms of the judgment, and one, Ngong/Ngong/4975, was awarded to the applicant but the respondent and his family are still living on it because by an order of this court in Nairobi Civil Application 42 of 1982 a stay of execution…

…On October 26 1982 the respondent’s advocates filed his application (Nai. 42 of 1982 ) asking for a stay of execution and that was about seven and half months after the date of judgment so there was some delay in making that…