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…It is in the best interest of the justice that a stay of execution order be granted to safeguard the subject matter of the appeal. Unless the sought are granted the intended appeal shall be rendered nugatory.…

…On the issue of granting the stay of execution order, I find that the ruling which will be the subject of the intended appeal was delivered on the 4th of June 2021.…

…order is granted, the appeal will be rendered nugatory. 2.…

…The other test the plaintiff was expected to surmount is to show that she would suffer substantial loss if the stay of execution order was not granted.…

…That the stay of execution order issued by the court simply postponed the enforcement of the decree but did not suspend the accrual of interest on the adjudged sum, since the Court did not explicitly direct so.…

…That therefore, interest continued to accrue during the 30 day stay period and throughout the pendency of the conditional stay of execution order.…

…It is trite law that an appeal does not operate as a stay for execution.…

…court appealed from may order but, the Court Appealed from may for sufficient cause order stay of execution of such decree or order, and whether the application for such stay shall have been granted or refused by the court…

…It is well-established law that an appeal does not automatically stay execution.…

…court appealed from may order but, the Court Appealed from may for sufficient cause order stay of execution of such decree or order, and whether the application for such stay shall have been granted or refused by the court…

…It is well-established law that an appeal does not automatically stay execution.…

…court appealed from may order but, the Court Appealed from may for sufficient cause order stay of execution of such decree or order, and whether the application for such stay shall have been granted or refused by the court…

…Whether the appellant has met the threshold for stay of execution order pending hearing and determination of the appeal to issue. d. Who pays the costs? 5.…

…That the application has merit and stay of execution order is granted in terms of prayer (3). b.…

…Bhutt Mombasa HCCC NO. 8 of 2014 (O.S.) where the Court stated as follows: “In determining an application for stay of execution in cases involving children, the general principles for the grant of stay of execution Order…

…On the contrary, granting a stay of execution order could potentially disrupt the children’s education and impede their access to basic and medical necessities.…

…The Respondent (John Max Adwar) to deposit the security sum of Kshs 200,000/= in court within 14 days hereof failing which the stay of execution order pending appeal to the Court of Appeal granted earlier herein shall lapse…

…The record further show that no stay of execution order was sought by the 2nd defendant from the date the judgement was delivered on the 22nd November 2023, until they amended their chamber summons on 26th June 2024.…

…In my view, there is no evidence of bias in the court merely exercising its discretion in the manner it did, and granting a conditional stay of execution order. j.…

…On the 14th January 2025, the court issued directions on filing and service of replies and submissions and also granted interim stay order of execution in terms of prayer 2.…

…Whether the 4th defendant has met the threshold for issuance of stay of execution order pending appeal. b. Who pays the costs? 5.…

…The Counsel for the plaintiff argued that a stay of execution order pending appeal should issue where a party has an arguable appeal and relied on several superior courts decisions, which position counsel for the defendant…

…I therefore find the application has merit and stay of execution order should be granted on condition security is provided in the terms to be determined by the court. h.…

…Further on RWW vs EKW [2019] e KLR on the purpose of stay of execution order pending appeal – the court ought to allow for the exercise of the right of appeal, and the right of the successful litigant to enjoy the fruits…

…Having considered the facts placed before me – and the authorities cited to persuade me – I am persuaded that a stay of execution order is deserved – pending the hearing and determination of the appeal.…

…in the case of   Bhutt v Bhutt  Mombasa HCCC No. 8 of 2014 , the Court held as follows:- “In determining an application for stay of execution in cases involving children, the general principles for the grant of stay of execution…

…Order 42 Rule 6 of the civil Procedure Rules, must be complemented by overriding consideration of the best interest of the child in accordance with “Article 53(2) of the Constitution.”…

…Whether the appellants’ have met the threshold for stay of execution order to issue pending hearing and determination of the appeal. c. Who bears the costs? 4.…

…To consider whether or not, to issue the stay of execution order sought, the court would need to confirm the existence and contents of the alleged ruling or judgement delivered on the 6th October 2023, and cannot do so without…

…The appellant filed the notice of motion dated the 27th November 2024 seeking for stay of execution of the order/ruling of 20th November 2024 and stay of further proceedings in Mombasa MCELC No.…

…Whether the appellant has met the threshold for the court issue stay of execution order in respect of the ruling of 20th November 2024, pending the hearing and determination of the appeal. b.…

…may order the restitution of such property or the discharge of such person pending the results of the application. (3) Before making an order to stay execution or for the restitution of property or the discharge of the judgment-debtor…

…As all the pending applications, including the reference, are being determined through this ruling, the stay of execution order will thus lapse upon its delivery.…

…in the case of   Bhutt v Bhutt  Mombasa HCCC No. 8 of 2014 , the Court held as follows:- “In determining an application for stay of execution in cases involving children, the general principles for the grant of stay of execution…

…Order 42 Rule 6 of the civil Procedure Rules, must be complemented by overriding consideration of the best interest of the child in accordance with “Article 53(2) of the Constitution.”…

…The Applicant (Savannah Land Developers Limited) brought the Notice of Motion dated 6th March 2025 seeking the following orders; a) The Court to issue an exparte order staying execution of the Judgment and Decree issued by…

…Having considered the written submissions by the parties, the court frames only one issue for determination; a) Whether a stay of execution order pending appeal should issue. Analysis 7.…