Case law
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Division and case type: Constitutional and Human RightsConstitutional Petition
…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: CivilCivil Appeal
…The respondents also asked (at the last moment) for a stay of execution of the decree passed in the suit because the application for execution was not served on them and there was no order for service to be dispensed with…
…As long ago as November 10, 1933 Lucie-Smith Ag CJ held that the former Supreme Court had inherent power ex debito justitiae to order stay of execution pending an appeal in Olivia Da Ritta Sequeira E Facho & Another v ER…
Division and case type: Environment and LandLand Case
…That leave be granted for prayer (2) to operate as a stay of execution of the Judgment delivered on 29.5.2020 in Malindi, CMCC No. 408 of 2015.…
…Regarding stay of execution Order 42 Rule 6 of the Civil Procedure Rules governs the conditions to be met by a party to the proceedings seeking stay of execution of the Judgment.…
Division and case type: CivilCivil Appeal
…Both the first and second respondents applied for a stay of execution of the monetary part of the decree pending appeal, but Karugu Contractors made no application.…
…And further that although it did not apply for a stay of execution of the decree, when the order was made on the application for stay of execution, it stayed the execution of the decree in relation to Karugu Contractors as…
Division and case type: CivilCivil Suit
…The grounds in support are that the Stay of Execution which had been granted has been overtaken by the events on 17.5.2000 the Court of Appeal struck out the Notice of Appeal so that in reality there is no pending appeal.…
…There being no stay of execution and there being no appeal filed there would be no excuse to deny the applicant his right contained in the Order of 16.10.1997.…
Division and case type: CivilMiscellaneous Application
…APPLICANT AND DIAMOND TRUST BANK (K) LTD .........................RESPONDENT (An application for stay of execution in an intended appeal from a judgment and decree of the High Court of Kenya at Nairobi (Khamoni J) dated 2nd…
…NO. 44 OF 1998) ************** RULING OF THE COURT The applicant seeks the exercise of our discretionary jurisdiction under rule 5 (2) (b) of the Rules of this Court and order a stay of execution of the decree of the superior…
Division and case type: Constitutional and Human RightsPetition
…interest thereon at the Court rate; (d) the debtor is given leave to defend the rest of the creditors claim namely shs 430,000/- Mr Esmail has also deponed that on 23rd December, 1988, the debtor applied to this Court for stay…
…of execution of the said decree and on 10th January, 1989 the Court granted a stay of execution in respect of the order for possession of the suit premises only and that to on the condition that the debtor would provide…
Division and case type: CivilCivil Case
…There is now before me an application by way of Chamber Summons under Order 41 Rule 4 and order 21 of the Civil Procedure Rules and section 3A of the Civil Procedure Act for orders that there be a stay of execution pending…
…However, that notwithstanding, the applicant has to satisfy the requirements of order 41 rule 4(2) in order to secure stay of execution.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
Division and case type: CivilCivil Case
…The plaintiff/advocate applied by an application 3rd November, 2007 for stay of execution and setting aside the Court’s orders. This was withdrawn and another filed on 2nd December, 2008 that was duly struck out. 4.…
…The said application was partially abandoned on the issue of stay of execution. II: Application 10th December, 2008 On the setting aside the courts dismissal orders . 5.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
Division and case type: CivilCivil Case
…Gatonye filed a formal application for stay of execution pending appeal and a temporary stay of execution pending appeal was granted pending the hearing of the application.…
Division and case type: CivilCivil Appeal
…RESPONDENTS R U L I N G The application dated 25th September, 2002 and filed in court on 26th September, 2002 relates to appeal numbers 116 of 1993 and 117 of 1993 in which Honourable Justice Shields, as he then was, ordered stay…
…of execution conditioned on the appellant depositing a sum of Kshs.10,000/= in each appeal.…
Division and case type: CivilCivil Suit
…Batholomew Muyale filed a Notice of Motion before this court for stay of execution against the order of the High Court (Aganyanya J) dated April 15, 1985 dismissing his application for stay of execution.…
…Since then, the applicant has made several applications to the High Court for stay of execution and for setting aside the said order without success.…
Division and case type: CivilCivil Appeal
…of execution of the Judgment and Order of the Court of Appeal sitting at Nyeri (Visram, Koome & Otieno Odek JJA), delivered on 30th September, 2014 in Nyeri Civil Appeal No. 24 of 2014) Whether orders of stay of execution…
…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…
Division and case type: CivilCivil Case
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer. After recounting the law and the admission by Mr. Mulwa it needs no further propounding. Mr.…
Division and case type: GeneralUnclassified
…NYANJA.................................APPLICANTS AND CITY FINANCE BANK LIMITED...........................RESPONDENT (Being an application for stay of execution in an intended appeal from a Decision of the High Court of Kenya…
Division and case type: CivilCase number Civil Application
…RESPONDENT (An Application for stay of execution in an intended appeal from the ruling of the High Court of Kenya at Nairobi (Justice Githinji) dated 19th June, 1997 in H.C.C.C.…
Division and case type: CivilCivil Suit
….……….APPLICANT VERSUS AHMED BAHANNAN………………….RESPONDENT RULING The Garnishee applies for stay of execution and setting aside the Garnishee order Nisi of October 15, 1990 served on October 17, 1990 and was for hearing on October…
…I must therefore stay execution of the order as prayed and also set it aside.…
Division and case type: CivilCivil Appeal
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer. After recounting the law and the admission by Mr. Mulwa it needs no further propounding. Mr.…