Judgment[2007] KEHC 1332
Case law
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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…