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…Following entry of judgment, the Appellant initiated execution proceedings with a view to recovering the decretal amount.…

…The proceedings contained in the record reveal that on numerous occasions, the hearing of the objection proceedings did not proceed as scheduled.…

…Counsel for the Appellants submitted that the order of stay of proceedings pending Appeal is merited, and that this Court is clothed with inherent jurisdiction and wide powers to stay proceedings when the ends of justice…

…Therefore, the test for stay of proceedings is high and stringent.” 18.…

…if the proceedings continue.…

…to participate in proceedings that should not lawfully involve him.…

…The Applicant contends that unless these proceedings are stayed, the hearing and determination of the main suit will render the appeal nugatory.…

…(as he then was) held that: “As I understand the law, whether or not to grant a stay of proceedings or further proceedings…is a matter of judicial discretion to be exercised in the interests of justice…The sole question is…

…The Applicant distinguishes stay of proceedings from a stay of execution, submitting that the requirements under Order 42 Rule 6(2) including the provision of security are not applicable where a party seeks to halt proceedings…

…or further proceedings on a decree or order appealed from is a matter of judicial discretion to be exercised in the interest of justice… the sole question is whether it is in the interest of justice to order a stay of proceedings…

…That it is in the interests of justice for the proceedings to be stayed awaiting the outcome of the appeal. That unless the proceedings are stayed the appeal will be rendered nugatory.…

…of the view that the appeal will be rendered nugatory if the proceedings are not stayed.…

…unless the proceedings, beyond reasonable doubt, ought not to be allowed to continue” 12.…

…Ringera J. in Global Tours & Travels Limited (Nairobi HC Winding Up Cause No 43 of 2000) had this to say on this matter of stay of proceedings: “I understand the law, whether or not to grant a stay of proceedings or further…

…As does happen in such cases, the hearing of the arbitration proceedings was delayed.…

…The substantive order of stay of proceedings cannot be set aside by a side wind within the context of an informal application for the fixing of a hearing date, when the setting aside of the stay of proceedings was not specifically…

…It is submitted that on the same day, 18th March 2025, the plaintiffs filed the instant suit whose pleadings are identical to the proceedings in the Kiambu proceedings save for the place of suing. 20.…

…It is contended that decision to institute fresh proceedings in Machakos without disclosing the Kiambu proceedings is not an error but a deliberate act by the plaintiffs after they were aware of Mshila J’s orders.…

…I have also considered the record and the proceedings before Hon Dulu J.…

…Is the application for stay of the proceedings in Makindu MCCR E419 of 2021 tenable? 30.…

…Staying proceedings has the opposite effect. 9.…

…Therefore, the test for stay of proceedings is high and stringent.…

…[i] The applicant has recourse in contempt proceedings should the Court orders remain unheeded after a reasonable period of time.…

…Act and is therefore subject to execution by way of garnishee proceedings.…

…Act on parties to the proceedings, section 13 of the same Act on service of all documents related to civil proceedings against or by the Government upon the Attorney General and section 19 of Act on Civil Proceedings against…

…in proceedings against government.…

…That it be enjoined as an interested party in these judicial review proceedings; and b.…

…That mandamus decree remains unexecuted, and contempt proceedings are pending.…

…Scope of stay of proceedings 13.…

…The two proceedings were consolidated before the stay of proceedings. Consolidation combines the pending suits into a single proceeding. 16.…

…The record further shows that during the pendency of the proceedings, the 1st and 2nd Interested Parties applied to be joined to the proceedings.…

…Having reached that stage, the miscellaneous proceedings had served their purpose.…

…I do not, therefore, have the benefit of reading through the proceedings that led up to the impugned ruling of 3rd May 2021. What are purported to be the proceedings, in Busia CMCCRC No.…

…I have perused the proceedings in Busia CMCCRC No. 1217 of 2021, and they were limited to the accused person in that case. 5.…

…or order recorded or passed, and as to the regularity of the proceedings. 7.…

…A careful examination of that ruling further reveals references to evidence and witness testimony which do not appear to fully correspond with the proceedings as recorded.…

…THAT the aforesaid proposed 3rd Defendant be allowed to file its defence, witness statement and /or any other documents to enable it participate effectively in these proceedings.…

…questions of law and fact raised in these proceedings affect its rights including the constitutionally guaranteed right to be heard.…