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…This ruling relates to a Notice of Motion application dated 10th July, 2023, brought pursuant to Order 9 Rule 9 of the Civil Procedure Rules 2010, Section 79G of the Civil Procedure Act, Section 1B, 3 and 3A of the Civil…

…Further, it is claimed that the Appellant/Applicant has not fulfilled the conditions for a grant of a stay as espoused under Order 42 Rule 6(2) of the Civil Procedure Rules, 2010 and urged the Court to deny granting the said…

…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.…

…(ii) That the application is bad in law and unknown in law and the Court lacks jurisdiction to entertain the same as the suit abated in accordance with Order 24 Rule 3(2) and Order 24 Rule 7(1) of the Civil Procedure Rules…

…, 2010.…

…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.…

…Respondent states that it discovered that its former advocate M/s Rachier & Amollo LLP did not file a witness statement for the witness listed in its List of Witnesses dated 7th November 2018 contrary to Order 7 rule 5 of the Civil…

…Procedure Rules 2010. 6.…

…The applicant/ judgment debtor filed a Notice of Motion application dated 7th day of February, 2025 under Order 45 of the Civil Procedure Rules 2010 and sought for Orders that:- 1) The application be certified urgent and…

…The application was filed under Order 45 of the Civil Procedure Rules 2010 to wit:- ‘’Application for review of decree or order [Order 45, rule 1] (1) Any person considering himself aggrieved— (a) by a decree or order from…

…The instant Motion is anchored partly on Order 24 Rule 7(2) of the Civil Procedure Rules, 2010. The Rule covers the revival of abated suits.…

…Both the provisions of Sections 80 of the Civil Procedure Act and Order 45 Rule of the Civil Procedure Rules 2010 are clear on the powers of the court to review its judgment or ruling.…

…Procedure Rules 2010.…

…Order 42 Rule 6(2) of the Civil Procedure Rules 2010 provides: - No order for stay of execution shall be made under sub-rule (1) unless— (a) the court is satisfied that substantial loss may result to the applicant unless…

…It is trite law that the court’s power to grant or decline an application for stay of execution is discretionary, which must be exercised in the context of the principles of Order 42 Rule 6 of the Civil Procedure Rules, 2010…

…For determination is the Respondent/Applicant’s motion application dated 14th November, 2024 brought pursuant to Order 10 Rule 11, Order 51 Rule 1 and 3, Order 40 rules 1,4(1) of the Civil Procedure Rules 2010, Section IA…

…ruling is on application by way of a Notice of Motion application by the Appellant/Applicant (herein “Applicant”) dated 7th March 2024 and filed on 13th March 2024 brought under the provisions of Order 42 Rule 6 of the Civil…

…Procedure Rules, 2010, Sections 1A, 1B and 3A of the Civil Procedure Act, and Article 50(1) of the Constitution of Kenya 2010, seeking the orders: - Spent.…

…Decision Order 42 Rule 6 of the Civil Procedure Rules, 2010 specifies the circumstances under which the Court may order a stay of execution of a Decree or Order pending an Appeal.…

…Evidently, the three (3) prerequisite conditions set out in the said Order 42 Rule 6 of the Civil Procedure Rules, 2010 cannot be severed. The key word is “and”.…

…The instant Motion is anchored partly on Order 24 Rule 7(2) of the Civil Procedure Rules, 2010. The Rule covers the revival of abated suits.…

…The applicant’s application offends the provisions of Order 29 of the Civil Procedure Rules 2010. b. The applicant’s application offends the provisions of section 21 of the Government Proceedings Act 2022. 2.…

…Claimant’s Application dated 13th February, 2024 which was brought under sections 12 and 13 of the Employment and Labour Relations Court Act, sections 38(d) and 40 of the Civil Procedure Act and Order 22 Rule 32 of the Civil…

…Procedure Rules (2010).…

…An application for stay invokes the discretionary powers of this court under Order 42 Rule 6(1) of the Civil Procedure Rules, 2010 which empowers the court to stay the execution, either of its judgement or that of a court…

…The Applicant/ Judgment Debtor vide Notice of Motion Application dated 8th day of April 2024 brought under Sections 1A and 1B of the Civil Procedure Act, Order 42 rule 6 of the Civil Procedure Rules, 2010 and under the inherent…

…The application offends and does not meet the requirements of Order 53 of the Civil Procedure Rules, 2010 and ought to be dismissed with costs. 1st and 2nd Respondent’s submissions As to whether the application dated 16th…

…The Application was brought under Order 42, Rule 6 of the Civil Procedure Rules,2010 and Rules 3 and 17 of the Employment and Labour Relations Court (Procedure) Rules 2016 seeking for orders of stay of execution of judgement…