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…Following the commencement of execution proceedings, the Applicant moved the trial court seeking a stay of execution and setting aside of the judgment.…

…of the execution court or appellate court. 6.…

…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.…

…It would appear that the respondent misconstrued the application before Court which is for stay of proceedings and execution pending the determination of appeal.…

…In Butt v Rent Restriction Tribunal [1979] KECA 22 (KLR) , the Court pronounced on the principles to guide a court in an application for stay of execution.…

…The Plaintiff finds nothing wrong with the execution process and holds the view that the same should be allowed to proceed since there is no appeal pending before any court and nor are there any orders to stop the execution…

…intended execution complies with the statutory procedures.…

…He disputed claims of fraud, concealment of assets, and deliberate evasion of execution, describing such assertions as scandalous and oppressive. 10. Mr.…

…He further claimed that the appellant has transferred assets to family members to defeat execution, demonstrating bad faith and unclean hands.…

…prior to execution. 9.…

…He averred that Section 94 of the Civil Procedure Act grants the Court discretion to authorize execution prior to taxation where circumstances so warrant, and that in this case execution proceeded with the Court’s knowledge…

…is made within one year from the date of the last order against the party against whom the execution is applied for, made on any previous application for execution, or in consequence of the application being made against…

…the legal representative of the judgment-debtor, if upon a previous application for execution against the same person the court has ordered execution to issue against him ... (2) Nothing in subrule (1) shall be deemed to…

…is made within one year from the date of the last order against the party against whom the execution is applied for, made on any previous application for execution, or in consequence of the application being made against…

…the legal representative of the judgment-debtor, if upon a previous application for execution against the same person the court has ordered execution to issue against him ... (2) Nothing in subrule (1) shall be deemed to…

…Limited (2014) eKLR where it was held that; " The possibility that substantial loss will occur if an order of stay of execution is not granted is the cornerstone of the jurisdiction of court in granting stay of execution…

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

…E30 of 2021 (Voi), Chepkwony J, and again on James Wangalwa (supra), for the proposition that the commencement or completion of execution does not, without more, amount to substantial loss, since execution is itself a lawful…

…completed execution does not, without more, meet the threshold, because execution is a lawful process.…

…The deponent further states that the Respondent has already initiated execution proceedings, including a notice to show cause in execution, and annexed a copy thereof.…

…He expresses apprehension that unless an order for stay of execution is granted, the Respondent is likely to proceed with execution, thereby rendering the intended appeal nugatory. 9.…

…He urged this court to grant the stay of execution in the interest of justice.…

…The issue for determination is whether the Appellant/Applicant has met the threshold for grant of an order for stay of execution pending appeal. 6.…

…The Applicant seeks a stay of execution and submits that he is likely to suffer substantial loss if execution of the judgment is allowed to proceed.…

…This is so because execution is a lawful process.…

…, thus incapable of execution. 3.…

…Kapila that the execution proceedings before the Deputy Registrar are valid since there is no stay of execution against the judgment of 26th January, 2021, which was delivered in his favour.…

…Following taxation, the Applicant moved straight to execution by issuing a Notice to Show Cause before the Deputy Registrar.…

…Execution of a decree or order of the court can only be permitted upon an application by the decree holder. 67.Under Section 38 of the Civil Procedure Act , a court may on the application of the decree holder order execution…

…It urges the Court to restrain further execution and affirm that it complied with the conditional stay orders. The Respondent's Case 8.…

…It follows that the Respondent was not entitled to proceed with execution, and the proclamation undertaken on 15th January 2026 cannot be sustained. 27.…

…Zicheng contended that there is no rule of procedure that bars an applicant from filing a formal application for stay of execution pending Appeal when the Court had issued a limited stay of execution at the time of delivery…

…Ngatia (SC), prayed for stay of execution for 60 days. 48.…

…They argued that the execution arose from a decree of the High Court and, by virtue of section 34 of the Civil Procedure Act, all questions relating to execution, discharge, or satisfaction of the decree could only be determined…

…The learned magistrate observed that the notifications of sale related to execution of a decree issued by the High Court in HCCC No. 367 of 2016 and questioned why stay of execution was being sought before the subordinate…

…He annexes a copy of the plaintiff's Party & Party Bill of Costs filed before court awaiting taxation, upon which the decree will be ripe for execution, demonstrating the imminent threat of execution. 10.…

…The legal framework for granting a stay of execution pending appeal is well settled.…