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…Whether or not the orders of stay of execution orders should issue; b. Who should pay costs of this application. 22.…

…Rule 5 of the Court of Appeal Rules also provides for stay of execution pending appeal as follows: 5. Suspension of sentence, injunction and stay of execution and stay of further proceedings a. … b.…

…(c) THAT this Honourable Court do grant interim stay of execution of the warrant of attachment and sale issued on the 12th March 2024.…

…The ensuing execution, therefore, cannot stand. 18. The Court further notes that the attempt at execution was made more than one year after judgment and/or taxation of costs without securing leave of the Court.…

…Magistrate simply directed that the respondent be served for hearing on 1st October, 2024 exposing the applicant to execution and indeed on the 2nd October 2024 the auctioneer visited their premises for execution of warrants…

…Magistrate the applicant still prayed for a stay of execution which was rejected and the Hon.…

…Magistrate simply directed that the respondent be served for hearing on 1st October, 2024 exposing the applicant to execution and indeed on the 2nd October 2024 the auctioneer visited their premises for execution of warrants…

…Magistrate the applicant still prayed for a stay of execution which was rejected and the Hon.…

…The decree is the subject of execution. Motor vehicle registration No.KBV 250R, KCQ 743A and KCF918K.…

…Rules shall govern the execution or stay of execution of an order or decree of the Court.…

…and that no execution can take place as against government. 2.…

…The Respondent who is also the Applicant herein, argues that it is a government entity and execution cannot be carried against it.…

…The Respondent had sought orders setting aside warrants of attachment in the execution of a decree given on 17 July 2024. 3.…

…(iii) THAT this Honourable Court be pleased to grant temporary order of stay of execution of warrants of attachment of movable property in execution of a decree given on 17th July 2024 pending the inter partes hearing of…

…Decision Whether to grant an order of stay of execution. 7.…

…The Court (Procedure) Rules 2024 on stay of execution in case of appeal provides:- ‘’21. (1) Where an application for stay of execution pending appeal has been lodged, the applicant shall, in the supporting affidavit, declare…

…1 The Appellant/ Applicant, through the application dated 12th September 2024, seeks for stay of execution of the decree in Mombasa MCCELRC No.…

…Further, in some of the appeals, this court has given conditional stay of execution orders, and the matters are slated for mention on 15th May 2025, for directions on the hearing of the appeals. 3 In the circumstances, the…

…against the Applicant by the Respondent if the execution is not stayed, rendering the entire intended appeal nugatory and an academic exercise. k) It is in the interest of justice that execution of the Judgment is stayed…

…The ELRC (Procedure ) Rules 2024 on stay of execution in the event of appeal states:- ‘’21. (1) Where an application for stay of execution pending appeal has been lodged, the applicant shall, in the supporting affidavit,…

…Rules 2020. b) Whether there can be Stay of Execution on costs. 13.…

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

…The execution proceedings commenced by the claimant are hence unlawful.…

…The execution against the respondent, who is under administration, is illegal and in disregard of sections 560 and 522 of the Insolvency Act.…

…The decree is the subject of execution. Motor vehicle registration No.KBV 250R, KCQ 743A and KCF918K.…

…Rules shall govern the execution or stay of execution of an order or decree of the Court.…

…That the Honorable Court be pleased to stay execution pending the hearing and determination of the intended appeal. b.…

…The Employment and Labour Relations Court (Procedure) Rules (2024) on stay of execution in the event of appeal states:- ‘’21. (1) Where an application for stay of execution pending appeal has been lodged, the applicant shall…

…The Employment and Labour Relations Court (Procedure) Rules 2024 on stay of execution pending appeal states at Rule 21: - ‘’21. (1) Where an application for stay of execution pending appeal has been lodged, the applicant…

…shall, in the supporting affidavit, declare whether a similar application has been filed in any other court. (2) An application for stay of execution pending appeal shall be filed in the appeal file.’’…

…This is so because execution is a lawful process…The applicant must establish other factors which show that the execution will create a state of affairs that will irreparably affect or negate the very essential core of the…

…The Petitioner is seeking stay of execution of the costs taxed by Hon. Fredrick Nyamora on 6th September,2024 of Kshs 425,000/=.…

…For determination is a Motion dated 15 August 2024, by the Respondent seeking orders: (i) … (ii) … (iii) THAT the Honourable Court be pleased to issue a stay of execution of the judgment pending the hearing and determination…

…The applicant is apprehensive that the Respondent may commence execution of the judgment any time from 15 August 2024.…

…The applicant has moved the court under a miscellaneous application seeking a stay of execution and time extension to file an appeal.…

…In addition to seeking more time, the applicant has applied for a stay of execution of the trial court judgment.…

…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…

…The general rule in an application for stay is that if there is no overwhelming hindrance, a stay of execution ought to be granted so that an appeal, if successful, may not be rendered nugatory. 11.…