Case law
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Division and case type: CivilCase number Civil Application
…could not proceed with the appeal because there was delay in furnishing him with certified copies of the proceedings and judgment and also that the two interlocutory applications, the first on behalf of the applicant for a stay…
…of execution and the second by the respondent in connection with the setting aside a consent order which was recorded by O’Connor, J. caused some delay.…
Division and case type: CivilCivil Appeal
…The appellants (tenants) applied to the Business Premises Rent Tribunal on the 8th day of April, 1987, seeking orders to stay the execution of the orders of the Tribunal made on 10th March 1987.…
…I will first deal with the question of the Tribunal in granting an order for staying execution of its own orders on judgments.…
Division and case type: CivilCase number Civil Application
…ASSOCIATES..........................RESPONDENT COST CARE CONSULTANTS.................RESPONDENT KAM CONSULT ......................................RESPONDENT UTMOST CONSULTANTS .....................RESPONDENT (Application for stay…
…of execution in an intended appeal from a ruling of the High Court of Kenya at Mombasa (Mr Justice Wambilyangah) dated 29th July, 1994, in HCCC No 15 of 1994) ************************** RULING OF THE COURT This cause was…
Division and case type: CivilCivil Appeal
…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.…
Division and case type: CivilCivil Appeal
…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.…
…This application was also expressed to be under certificate of urgency and the learned magistrate, having heard the counsel for the defendants, granted the orders sought for stay of execution pending the hearing of that application…
Division and case type: CivilCivil Suit
…There be stay of execution on this sum for 14 days hereof. 3. The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4.…
…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…
Division and case type: Constitutional and Human RightsPetition
…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…
Division and case type: CivilCivil Case
…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…
Division and case type: CivilMiscellaneous Application
…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…
Division and case type: CivilCivil Appeal
…We were informed that the superior court has granted an order for stay of execution or further proceedings pending the hearing and determination of this appeal on condition that two cement manufacturing companies earlier…
Division and case type: CivilCivil Case
…me by their Chamber Summons dated 20th June, 1989 and filed in court on 30th June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay…
…of execution, that the defendants be granted leave to file their defence out of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs of this application be provided…
Division and case type: CivilCivil Appeal
…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…
Division and case type: CivilCivil Appeal
…After the judgment of Masime, J delivered on July 21, 1981 Mr Russell successfully applied for a stay of execution pending appeal which was granted on January 14, 1982, after which the present Defendants appear on the scene…
…On the other hand, pending the stay of execution, the Plaintiff Company may have been in a vulnerable position because it seems that the Registrar of Titles did not accept the order of the Court served upon him.…
Division and case type: CivilMiscellaneous Application
…A judge can under the Rules of court grant a stay of execution pending an appeal.…
Division and case type: CivilCivil Suit
…A judge can under the Rules of court grant a stay of execution pending an appeal.…
Division and case type: CivilCivil Appeal
…Sakina and Mustafa Kibet were dissatised with that decision and they appealed to this court, having in the meantime obtained an order of stay of execution under rule 5(2) (b) of the Court of Appeal Rules. 12.…