Case law
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Division and case type: GeneralUnclassified
…This application before us is for stay of proceedings in the superior court pending the hearing and determination of an intended appeal. There is nothing however to stay under rule 5(2) of the Rules of this court. Mr.…
Division and case type: Milimani Commercial CourtsCivil Case
…We said there: “The Court is not laying down any principle that no order for stay of proceedings will ever be made; that would be contrary to the provisions of Rule 5 (2) (b) of the Court’s own rules…..each case must depend…
…It is curious that the sub-rule does not apply the same conditions to an application for stay of proceedings pending appeal. What are the conditions for stay of execution pending appeal?…
Division and case type: Milimani Commercial CourtsCivil Case
…We said there: “The Court is not laying down any principle that no order for stay of proceedings will ever be made; that would be contrary to the provisions of Rule 5 (2) (b) of the Court’s own rules…..each case must depend…
…It is curious that the sub-rule does not apply the same conditions to an application for stay of proceedings pending appeal. What are the conditions for stay of execution pending appeal?…
Division and case type: CivilCivil Appeal
…appellant filed its grounds of opposition and took out a motion on notice under sections 3A, 6 and 7 of the Civil Procedure Act and Order VI rule 13 (1)(a) and (d) of the Civil Procedure Rules for, inter alia, an order of…
…(a) stay of proceedings of the summons; (b) for an order striking out of the originating summons on the grounds that it does not disclose a reasonable cause of action, and; (c) that the suit and the application are res judicata…