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….……....RESPONDENT RULING The Memorandum of appeal was filed on 21st October, 2009 simultaneously with application for stay of execution.…

…The impugned judgment which I note was not annexed to this application for stay was delivered on 26th January, 2023. This application for stay was made on 21st August, 2023 several months after delivery of the judgment.…

…I find that there has been inordinate delay, in filing their application for stay. The decision whether or not to grant an application for stay of execution lies squarely at the discretion of the court concerned.…

…The application for stay dated 9th Feb 2026 has been considered together with the replying affidavit. The parties are both litigants in person and no submissions were filed.…

…The applicant filed his appeal and application for stay only after the lower court issued a notice to show cause and found that no sufficient cause had been shown.…

…The impugned ruling which I note was not annexed to this application for stay was delivered on 30th May, 2023. This application for stay was made on 13th June, 2023 a few weeks after delivery of the ruling.…

…I am therefore satisfied that the application for stay was made in a timely manner. 19. The decision whether or not to grant an application for stay of execution has squarely at the discretion of the court concerned.…

…The respondent contended that the application for stay pending appeal offends the doctrines of res judicata and functus officio because the applicant oral application for stay was dismissed. 17.…

…The application for stay is dated 12.3.2026. The application for stay has been filed without unreasonable delay. Substantial loss 23.…

…All the court is required to determine is whether the application for stay of execution is merited.…

…That the application for stay was filed without unreasonable delay. That they stand to suffer substantial loss unless the stay order is granted.…

…All the court is required to determine is whether the application for stay is merited. 12.…

…The court must consider each case on its own merits and the likely effect of granting or declining an application for stay.…

…That the applicant had since the delivery of the impugned judgment, filed several applications for stay including the one for review of the orders for conditional stay granted by this Court. 8.…

…The power of the Court to grant or refuse an application for a stay of execution is a discretionary power. The discretion should be exercised in such a way as not to prevent an appeal. 2.…

…The impugned decision in the present matter was not a determination of the Applicant's substantive application for stay.…

…This court is of the view that an application for stay pending appeal derives its character and legal foundation from the appeal which it seeks to protect.…

…He avers that it is after the said proclamation that the Applicant/Appellant approached this court with the said application for stay of execution pending appeal.…

…He avers that the Applicant has not fulfilled all the three ambits required for an application for stay of execution pending appeal to be granted.…

…First, that the applicant is aggrieved by the decision of the learned magistrate dismissing the applicant’s application for stay of execution and setting aside of the default judgment entered against the applicant for failure…

…Secondly, that upon dismissal of the application for stay, Fantasy Auctioneers who the respondent had earlier instructed to recover the decretal sum, which according to the respondent’s replying affidavit filed herein and…

…This rule presupposes that an application for stay of execution in the court to which an appeal has been preferred can only be made if the appeal has been filed.…

…Without belabouring the point, this court can only entertain an application for stay of execution pending appeal from the magistrates’ court when the appeal has, in fact, been filed.…

…The genesis of this application for stay is the judgment which was delivered by Hon. Lady Justice Muchemi on 28th June 2024. 5.…

…As stated earlier the application for stay was vehemently opposed.…

…This application ought to be brought under Order 42 Rule 6 which governs applications for stay of execution and provides as follows: 6.…

…Indeed, to grant or refuse an application for stay of execution pending appeal is discretionary.…

…It is also not in dispute that the Applicant has filed a similar application for stay of execution in the Court of Appeal and which is now pending directions.…

…It is also not in dispute that the Applicant has filed a similar application for stay of execution in the Court of Appeal and which is now pending directions.…

…Khaduli Advocate in which it was deponed inter alia, that the application for stay of execution was filed after the Bill of Costs had been filed; that the respondent had a right to enjoy the fruits of her ruling and judgment…

…This being an application for stay of execution of judgment pending appeal, it is governed by the provisions of Order 42 Rule 6 of the Civil Procedure Rules.…

…That the Plaintiff filed an application for stay at the Court of Appeal and which court made orders on 19th August 2024 declining to issue interim orders or certify the matter as urgent and directed that that parties do file…

…I note that the Plaintiff filed their application for stay in this court after directions of the Court of Appeal had been issued and their Notice of Withdrawal of Application filed at the Court of Appeal came way after they…

…The court found the reasons advanced by the Appellants in their application for stay not plausible. The Appeal 10.…

…In note that the gist of the Appellant’s application for stay of execution is that they were not served with the summons and pleadings in the primary suit before the trial court.…

…The purpose of an application for stay of execution is to maintain the status quo. It is a discretionary remedy of the Court, as stated by the Court of Appeal in RWW vs.…

…Indeed to grant or refuse an application for stay of execution pending appeal is discretionary. The Court when granting the stay, however, must balance the interests of the Appellant with those of the Respondent.” 15.…