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…On 11th October, 2024, the applicant filed another application for stay of execution and for review of orders of conditional stay of execution of decree to allow the appellant to furnish a Bank Guarantee for Kshs.500,000…

…of execution. 9.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…of execution. 7.…

…Is stay of execution pending appeal merited? 9. The court has discretionary power to order stay of execution of a decree pending appeal.…

…The issue for determination is whether the Appellants/Applicants’ application for stay of execution pending appeal is merited. 10.…

…Order 42 Rule 6 (1) and (2) of the Civil Procedure Rules provides for stay of execution pending appeal as follows: - (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order…

…The only issue for determination is whether the applicant has demonstrated that the orders for stay of execution pending appeal are merited. 12.…

…The conditions to be met for grant of an order for stay of execution pending appeal are well settled.…

…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.…

…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.…

…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.…

…An application for stay of execution may be made informally immediately following the delivery of judgment or ruling. (6).…

…The principles governing stay of execution pending appeal, as provided for under the above provisions of the law are well settled.…