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…The Appellants submit that upon entry of the Interlocutory Judgment on 22nd November, 2022, and in default of appearance or defence under Order 10 Rule 6 of the Civil Procedure Rules, the issue of liability was no longer…

…Under Order 10 Rule 6 of the Civil Procedure Rules, an interlocutory judgment is only entered where the claim is for pecuniary damages only or for the detention of goods.…

…I refuse the application for adjournment and as plaintiff counsel says that he is not able to proceed with the suit in the absence of the plaintiff, I dismiss the plaintiffs suit under order 1XB rule 4 of Civil Procedure…

…Rules with costs to the defendant E.…

…The law that governs the grant of Orders for stay of execution pending appeal is Order 42 Rule 6(1) and (2) of the Civil Procedure Rules which provides that; ….…

…As regards substantial loss, in Kenya Shell Ltd V Kibiru [1986] KLR 410 the Court held that: - “It is usually a good rule to see if order XLI rule 4 of the Civil Procedure Rules can be substantiated.…

…Procedure Rules 2010.…

…However, Order 29 Rule (2) (c) of the Civil Procedure Rules 2010 stipulates that: “(2) No order against the Government may be made under—a.…; b.…; c.…

…Procedure Rules under which the subject application is anchored.…

…Procedure Rules to wit; that substantial loss may result to the Appellants unless stay of execution orders are made by the court so as to engender/provoke the court’s jurisdiction in making the said orders. d) THAT for the…

…The Respondent stated that the notice of change of advocates offended the provisions of Order 9 Rule 9 of the Civil Procedure Rules and ought to be struck off.…

…Procedure Rules.…

…The appellant filed an application dated 11 July 2024 under the provisions of Order 42 Rule 6 of the Civil Procedure Rules and seeking orders that there be a stay of execution of the judgment in Mombasa CM ELRC E439 of 2021deliverdd…

…The appellant has not offered any security to warrant the stay of execution are required under Order 42 Rule 6 of the Civil Procedure Rules.…

…The appellant filed an application dated 23 August 2024 under the provisions of Orders 42 and 51 of the Civil Procedure Rules and seeking orders; That a stay of the entire judgment and decree of Hon.…

…The application should be dismissed with costs as the appellant has failed to address the mandatory provisions of Order 42 Rule 6 of the Civil Procedure Rules. Both parties attended and made oral submissions.…

…The Notice of Motion is expressed under Section 1A, 1B and 3A of the Civil Procedure Act, Order 10 Rule 11, Order 51 Rule 1 and 4 of the Civil Procedure Rules, 2010 and Articles 48 and 50 of the Constitution of Kenya and…

…As correctly submitted by both parties, it is trite law that the court has discretion to set aside or vary a judgment or Order on such terms as it may deem just under Order 10 of the Civil Procedure Rules.…

…Procedure Rules, seeking the orders: - Spent.…

…Decision Order 42 Rule 6 of the Civil Procedure Rules, 2010 specifies the circumstances under which the Court may order a stay of execution of a Decree or Order pending an Appeal.…

…The court is then invited to apply the component of satisfaction of the claim under Order 25 rule 5 of the Civil Procedure Rules (supra) in the instant suit. 15.…

…Procedure Rules.…

…ELRC EI542 of 2019 filed application by way of Notice of Motion dated 30th August 2024 and brought Under Sections IA, IB, 3A and 79G of the Civil Procedure Act; Order 42 and Order 51 of Civil Procedure Rules seeking the following…

…Since the rules are silent on the conditions for granting stay then the lacuna is addressed by Order 42 Rule 6 (2) of the Civil Procedure Rules to wit:- ‘’(2) No order for stay of execution shall be made under subrule (1)…

…Stay of execution is provided for in order 42 rule 6 as follows: Order 42 rule 6 of the Civil Procedure Rules states as follows: (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree…

…The Appellant is a public body fully funded by the Government and under Order 42 Rule 8 of the Civil Procedure Rules it is not required to deposit security.…

…The Claimant herein filed application dated 7th June, 2024 brought under Sections 1A, 1B and 3A of the Civil Procedure Act and Order 51 Rules 1 of the Civil Procedure Rules 2010, seeking for orders of leave to file additional…

…That Order 11 of the Civil Procedure Rules requires filing of documents parties wish to rely on trial.…

…Procedure Rules.…

…The appellants have challenged the findings by the trial court about the application of Order 1 Rule 13(2) of the Civil Procedure Rules.  …

…That proof of service is by an affidavit of service under Order 5 Rule 15 of the Civil Procedure Rules and the Decree holder had not demonstrated service by Affidavit of Service.…

…Odhiambo submitted that the Petitioners counsel had confirmed that summons were not extracted as required by order 5 of the Civil Procedure Rules.…

…Before the court for determination is an application dated 4th December 2024 brought under Sections 3A of the Civil Procedure Act, Order 42 rule 6(1) and Order 50 rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, sections…

…The Respondent deposes that the Applicant has not met the required threshold for issuance of the orders he seeks as stipulated by Order 42 Rule 6 of the Civil Procedure Rules, 2010. 5.…

…Procedure Rules, seeking orders THAT: - i.…

…Procedure Rules, 2010. 6.…

…The application before me for determination is dated 22nd January, 2025 and has been brought by the Respondents under the provisions of Order 42 rule 6 of the Civil procedure Rules, Rule 8 of the Employment and Labour Relations…

…For the Respondent/Claimant it is submitted that the Applicant has not complied with Order 42 Rule 6 of the Civil Procedure Rules, relying on the decision in Machira t/a Machira & Co.…