Judgment[1998] KEHC 235
Case law
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Division and case type: CivilCivil Case
…For an application for stay to succeed, the applicant has to satisfy the court that substantial loss may result unless the order is made and that the application has been made without unreasonable delay.…
…Both in the application and the affidavit in support of the same, it has been stated that the defendant will suffer substantial loss and will be ruined if an order for stay is not granted.…
Division and case type: CivilCivil Case
…Rule 4(2) aforesaid provides as follows: “ (2) 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 unless the order is made…
…Substantial loss may thereby occur. The application for sty was filed timeously. In view of the foregoing I am inclined to grant the stay sought by preserving the status quo.…