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…procedure Rules, 2010, and all enabling provisions of law. 2.…

…Procedure Rules. 20.…

…Before Court is the Appellant/Applicant’s Motion dated 11th April, 2023, brought pursuant to Sections 1A, 1B, 3 and 3A of the Civil Procedure Act, Order 42 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules and Article…

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

…Since the Court 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…

…The court restricted itself to the conditions under Order 42 rule 6 of the Civil Procedure Rules(supra). 16.…

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

…Granting of stay orders is a discretionary power of the Court given under Order 42 Rule 6(1) of the Civil Procedure Rules.…

…Reliance was made on Order 2 of the Civil Procedure Rules and a catena of decisions such as Goodman V Eban Ltd [1954] IQB 550, Van Vuuren V Van Vuuren [1854] Searle 116, African Continental Bank V Hatson (Nigeria) PLC [1997…

…Procedure Rules.…

…Procedure Rules.…

…This service was irregular as the process server never followed the mode of service envisaged under Order 5 Rule 3(a) of the Civil Procedure Rules which requires service upon a corporate on either the secretary, director…

…Procedure Rules for grant of stay of execution pending appeal. 4.…

…Wafula for the applicant submitted among others that the applicant had met the threshold for grant of stay of execution as provided under Order 42 rule 6 of the Civil Procedure Rules.…

…THAT the Application dated 3rd February 2025 is bad in law and an abuse of the court process as the Applicant did not obtain leave as required under Order 53 Rule 1 of the Civil Procedure Rules 2010 before instituting the…

…Procedure Rules 2010. v.…

…The content of the affidavit service is as provided for under Order 5 Rule 15 of the Civil Procedure Rules to wit:- ‘’(1) The serving officer in all cases in which summons has been served under any of the foregoing rules…

…Procedure Rules respectively. 23.…

…The Notice of Motion is expressed under Articles 50 of the Constitution of Kenya, Sections 1A, 1B, 3A and 63(e) of the Civil Procedure Act and Order 51 Rule I o the Civil Procedure Rules and is based on the grounds set out…

…Appellant’s submissions As to whether the court should review and set aside its order dated 2nd October, 2024 the appellant relies on the provision of Order 42 Rule 21 of the Civil Procedure Rules on re-admission of appeal…

…The ex parte Chamber Summons is expressed under Section 8 and 9 of the Law Reform Act, Section 1A, 1B and 3A of the Civil Procedure Act and Order 53 Rule 1 and 2 of the Civil Procedure Rules, 2010 and is based on the grounds…

…Procedure Rules must be complied with.…

…Sufficient cause must be demonstrated that the applicant seeking a stay of execution has applied the conditions of Order 42 Rule 6 of the Civil Procedure Rules, which is absent in this case.…

…This is aptly captured in Kenya Shell Limited v Benjamin Karuga Kibiru & another [1986] KECA 94 (KLR), where 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…

…The applicants submitted that they have met the legal threshold for grant of stay as provided under order 42 Rule 6 of the Civil Procedure Rules.…

…He submitted that Order 42 Rule 6 (2) (b) of the Civil Procedure Rules uses the word SHALL to mean that the security offered has to secure the due performance of the whole decree should the decree fail.…

…The Appellant/Applicant submitted largely on whether it has met the conditions espoused under Order 42 Rule 6(2) of the Civil Procedure Rules, 2010 as its issues for determination. 8.…

…Thus under Order 42 Rule 6(2) of the Civil Procedure Rules, an Applicant should satisfy the court that: i. Substantial loss may result to him unless the order is made; ii.…

…That Order 43 rule 1 of the Civil Procedure Rules provides for notice of appeal from the magistrate court. The applicant is seeking an opportunity to be heard and justice ought to be done in disregard to technicalities.…

…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)…

…It is the Respondents’ submission that Order 42, Rule 13(4) of the Civil Procedure Rules, 2010 provides documents which the Court may dispense with, and that the provisions have made it mandatory that the Memorandum of Appeal…

…It is their submission that any omission offends the provisions of Order 42, Rule 13(4)(f) of the Civil Procedure Rules, 2010, and renders the appeal incompetent and fatally defective. 18.…

…The ruling herein relates to the application dated 22 July 2024 filed by the respondents and based on the provisions of Order 42 rule 6(1) and (2), Order 50 rule 1 and 3 of the Civil Procedure Rules, Section 79G, 1A, 1B and…

…The instant application is based on the provisions of Order 42 Rule 6 of the Civil Procedure Rules which provisions do not apply in the instant case.…

…The interim application on the other hand falls under the provisions of Order 50 Rule 1 of the Civil Procedure Rule.…

…Procedure Rules.…

…The appellant’s grounds for challenging the decision of the High Court, in brief outline, are that the judge erred in law in not appreciating that Order 5 rule 12 of the Civil Procedure Rules (the Rules) allows for service…

…On this evidence the learned Senior Resident Magistrate ruled that the summons had been properly served under Order V Rule 12 of the Civil Procedure Rules and dismissed the application.…