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…That this court do stay execution of the orders made by the Learned Senior Resident Magistrate, Meru on the 12th of June 1991 in her Civil Case No 14/91. 2.…

…That there be orders that execution in the Principal Magistrate’s Case No 14 of 1991 do proceed. 4. That costs of this application be provided for.…

…Civil Practice and Procedure – execution – stay of execution – factors to consider - whether orders of stay of execution could be issued where failure to do so would lead to probability of the substratum of the appeal being…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…A decree was drawn and signed by the Deputy Registrar and Execution process set in motion. There were attachments made in the execution of the decree in part.…

…That since execution was levied the prayer for stay of execution was overtaken by events. 4. That the application was filed before Mr Birech came properly on the record and so the same is incompetent. 5.…

…He said theapplicants have always frustrated execution of the judgment of the ResidentMagistrate, Eldoret and Mead, J's appeal judgment of 1981.…

…He said the present review applicationis part of the continued scheme to frustrate execution of judgments obtained byhis clients over ten years ago.…

…This is supported by quick action in filing the application to set aside ex-parte judgment on 11th March 1992 as well as an application for stay of execution filed on the same day.…

…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…

…On 16th July, 1993, the appellant obtained a stay of execution of the judgment of Kuloba J and undertook to deposit into an interest bearing account in the joint names of the appellant and the respondent, the decretal sum…

…He may be embarrassed in the execution of his instructions, presentation of fair judgment, fulfillment of his duty to the Court, and carrying the responsibility of truth as a deponing witness.…