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…on the case of AMERICAN LIFE INSURANCE (CO) LIMITED VS DAVID OYATTA NAIROBI HCCC NO. 168 OF 2004 where Visram, J observed: “Order XLI Rule 4(2) sets out conditions which must be fulfilled to entitle one to an order for stay…

…of execution.…

…of execution be issuedpending the determination of an intendedappeal staying all proceedings set forthand ordered in the Ruling delivered byHayanga J on 16-9-98."…

…The said decision will be and ishereby cancelled, and the Commission isby Mandamus commanded as above" Where an application is made for stay of execution ofappealable decree or order the Court may order stay onsufficient…

…The appellants (tenants) applied to the Business Premises Rent Tribunal on the 8th day of April, 1987, seeking orders to stay the execution of the orders of the Tribunal made on 10th March 1987.…

…I will first deal with the question of the Tribunal in granting an order for staying execution of its own orders on judgments.…

…This is supported by quick action in filing the application to set aside ex-parte judgment on 11th March 1992 as well as an application for stay of execution filed on the same day.…

…That this court do stay execution of the orders made by the Learned Senior Resident Magistrate, Meru on the 12th of June 1991 in her Civil Case No 14/91. 2.…

…This application was also expressed to be under certificate of urgency and the learned magistrate, having heard the counsel for the defendants, granted the orders sought for stay of execution pending the hearing of that application…

…There be stay of execution on this sum for 14 days hereof. 3. The balance of the claim of Kshs 23,590,400.00 be determined upon the hearing of the notice of motion dated 4/5/98. 4.…

…That there be a stay of execution of the court’s judgment pending the hearing of this application. 3.…

…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…

…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…

…The applicant has appealed against that ruling and in the meantime has brought this application dated 3.11.2004 under Order 41 Rule 4 of the Civil Procedure Rules in which the applicant seeks an order of stay of execution…

…me by their Chamber Summons dated 20th June, 1989 and filed in court on 30th June, 1989 for several orders, namely, that the judgment entered against them ex parte on the 16th February, 1988 be set aside, that there be a stay…

…of execution, that the defendants be granted leave to file their defence out of time, that the defence annexed to their Chamber Summons be deemed to have been duly filed and lastly that the costs of this application be provided…