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…of execution pending appeal.…

…For an order of stay of execution pending appeal to be granted, the applicant must demonstrate that he can offer a security.…

…They also applied for a stay of execution before the trial court, which was denied.…

…Order 46 rule 6(2) provides the elements that the Court will consider in an application for stay of execution: “(2) No order for stay of execution shall be made under subrule (1) unless— (a) the court is satisfied that substantial…

…of execution.…

…It is trite law that the purpose of stay of execution is to preserve the substratum of an appeal.…

…This court is under Order 42 rule 6 (1) granted the power to order for stay of execution in the following terms: - (1)No appeal or second appeal shall operate as a stay of execution or proceeding under a decree or order appealed…

…The principles governing the grant of stay of execution pending appeal are expressed under Order 42 rule 6(2) of the Civil Procedure Rules which states that; “(2)No order for stay of execution shall be made under subrule…

…THAT there be a stay of execution of the judgement and all consequential orders arising therefrom by the decision of Honourable Senior Principal Magistrate Mr. K.…

…of execution pending appeal. 3.…

…Further, that they applied for a stay of execution in respect of the said Judgment before the trial Court which in a decision dated 19th April 2023, granted a conditional stay of execution that was operative for a period…

…That they were granted a conditional stay of execution on 19th April, 2023, to subsist for 45 days.…

…Analysis and determination The Court has considered the application and the main issue for determination is whether orders of stay of execution pending appeal should be issued.…

…stay of execution.…

…On the question if sufficient cause, the respondent submitted that there is no sufficient cause to warrant the grant of stay of execution orders pending appeal since an appeal does not operate as an automatic stay of execution…

…Numerous precedents have also addressed the issue of stay of execution pending appeal.…

…He submits that the Applicant has therefore failed to satisfy the conditions for grant of stay of execution orders.…

…The grant of stay of execution pending appeal is anchored on Order 42 Rule 6 of the Civil Procedure Rules which provides as follows: - (1) No appeal or second appeal shall operate as a stay of execution or proceedings under…

…as a stay of execution or proceedings under a decree or order appealed from except appeal case of in so far as the court appealed from may order but, the court appealed from may for sufficient cause order stay of execution…

…of execution pending the hearing of a formal application.” 13.Therefore an application for stay of execution pending appeal must meet the above three criteria.…

…Primarily, the applicant sought orders of stay of execution of two judgments passed in Kisumu CMCC No. 275 of 2019 and Kisumu CMCC 276 of 2019. 3.…

…This Court has been called to determine a novel issue, whether stay of execution can be granted pending the hearing and determination of a new suit. 10.…

…Analysis The principles upon which the Court may grant stay of execution pending appeal are well settled.…

…In the time acclaimed case of Butt-vs- Rent Restriction Tribunal (1982) KLR, the Court gave guidance on the exercise of discretion in granting of stay of execution pending appeal. It was held that: “1.…

…There be an order of stay of execution in Mumias SPMCC number E61 of 2022 pending the hearing of this application inter parties. e.…

…stay of execution pending appeal. 4.…

…Before court is a notice of motion dated 26th May 2025 filed by the appellants seeking orders of stay of execution of the orders issued in Kakamega MC Civil Misc. Application No.…

…He argued that the applicant had not met the threshold for grant of stay of execution pending appeal as no substantial loss has been demonstrated.…

…By way of a Notice of Motion application dated 18th February 2025, the Applicant herein seeks orders of stay of execution of judgement and decree of Hon. P.Y.…

…As to whether the Appellant has satisfied the conditions for the grant of stay of execution pending Appeal; the principles guiding the grant of a stay of execution pending appeal are well settled.…

…The Appellants seek a stay of execution, implying an intention to appeal the judgment delivered on 15th January 2024.…

…of execution, the court finds that the Appellants have failed to meet the threshold for the grant of a stay of execution under Order 42 Rule 6 of the Civil Procedure Rules, 2010. 2) Whether the proclamation and the warrants…

…Accordingly, she prays for a stay of execution. 3.…

…The only issue for determination is whether the applicant is entitled to a stay of execution. 5.…

…The issue for determination is whether the application meets the threshold for granting stay of execution.…

…Stay of execution is provided for under Order 42 Rule 6 of the Civil Procedure Rules which provides: “(1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order appealed from…

…hearing and determination of the application for stay of execution at the Court of Appeal, thus compromising the application filed in the High Court. 11.…

…He averred that the Court of Appeal’s order for stay of execution did not cover the plaintiff’s costs which have been taxed at Kshs.639,933.00 and remain outstanding to date.…