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…That subsequently, were the present proceedings proceed without a Director to the 2nd Defendant/Applicant, then the proceedings would be flawed with illegalities.…

…That further, if the 2nd Defendant had required any former or disputed Director to appear as a witness, they could simply add them as a witness in the instant proceedings without the need to stay the proceedings.…

…Whether a party possesses legal capacity to institute proceedings is a question going to the competence of the proceedings themselves.…

…An objection challenging a litigant’s legal capacity to institute proceedings raises a question going to the competence of the proceedings themselves.…

…That the Applicant had not established any nexus between the proceedings in Mombasa and the present proceedings before the Kwale ELC.…

…The subject of the proceedings before me are not based on breach of the sale agreement. 10 But having stated the above and having considered the grounds and the proceedings in the suit before me, the main issue for determination…

…On issue No. 2, the 1st Respondent submits that the proceedings of the objection proceedings made on 25.04.2014 were proper and a decision was reached. 15.…

…The Objection proceedings were produced as P.Exhibit No. 1, and were registered as Objection No. 348. 25. The Objection proceedings appear at page 67 and 68 of the Record of Appeal.…

…and/or further proceedings and/or hearing and/or any action in this suit. 2.…

…If the rule were otherwise, it would seriously impede proceedings in the trial Courts.…

…It was alleged that the Plaintiffs in the lower court proceedings and who are the 5th and 6th Defendants in the present suit were aware of the proceedings herein having ben joined through an application dated 31/01/22.…

…I directed Ms Kayata for the Plaintiffs in these proceedings to familiarise with the lower court proceedings and their import on this suit.…

…Although the Sub-rule 1 mentions both the stay of execution and stay of proceedings, the conditions given under Sub-rule 2 apply solely to stay of execution pending appeal and not stay of proceedings. 17.…

…It would be dangerous to have parallel proceedings in the lower court and the High Court.…

…The Applicant submits that the 2nd Respondent, who had knowledge of both the Petition proceedings and the Applicant's interest as the successful tenderer, deliberately failed to disclose the existence of the proceedings to…

…The proceedings were deliberately concealed from the Applicant by the 2nd Respondent, who knew of both the proceedings and the Applicant's interest, yet chose not to disclose either to the Applicant.…

…The Applicants seek joinder as interested parties in these proceedings in addition to the setting aside of the entire proceedings and judgment of this court.…

…Joinder of parties to proceedings is governed by Order 1 of the Civil Procedure Rules.…

…Stay of proceedings is a grave judicial action which seriously interferes with the right of a litigant to conduct his litigation.…

…Therefore, the test for stay of proceedings is high and stringent.” 7.…

…proceedings and if it is, on what terms it should be granted.…

…Although the Sub-rule 1 mentions both the stay of execution and stay proceedings, the conditions given under Sub-rule 2 apply solely to stay of execution pending appeal and not stay of proceedings.’ 28.…

…Counsel submitted that the production of documents is not a reason beyond reasonable doubt for a stay of proceedings. 8.…

…In the case of Re Global Tours & Travels Limited, (Nairobi High Court Winding Up Cause No. 43 of 2000), Ringera, J opined as follows: - “As I understand the law, whether or not to grant a stay of proceedings or further proceedings…

…It is this intended appeal that precipitates the instant application for a stay of proceedings. 4.   …

…While Order 42 Rule 6 provides the statutory foundation, the specific threshold for staying proceedings (as opposed to execution) is an exercise of judicial discretion.…

…To avoid convolution, it will be prudent that the pending judgment be stayed, that the applicant be allowed to defend, and that the proceedings so far taken be heard de novo.…

…Having partially addressed the issue of the pending judgment, what remains here is whether to stay proceedings pending the payment of taxed costs. 9.…

…d) Whether the Appeal would be rendered nugatory if the stay of proceedings is not granted?…

…e) Whether there are exceptional circumstances which make the stay of proceedings warranted as opposed to having the case concluded and all arising grievances taken up on a single appeal?…

…proceedings. 4.…

…It must be understood within the context of the proceedings in which the order was made.…

…when they applied and obtained the proceedings thereof. 25.   …

…The question to be answered is when did the Respondents procure the proceedings in relation ELDORET HIGH COURT CASE NO. 34 OF 1985? 26.   …

…Vol. 37 pages 330 and 332, sheds more light on stay of proceedings and states thus: The stay of proceedings is a serious, grave and fundamental interruption in the right that a party has to conduct his litigation towards…

…The fact of filing a Notice of Appeal is not an automatic stay of execution or stay of proceedings.…

…That subsequently, in an application to set aside ex-parte proceedings and judgment, two situations arise, firstly, where the proceedings were irregular on account of want of service and secondly where the summons to enter…

…ought to be redressed by way of specific court proceedings designed for that purpose.…