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…........................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay…

…of execution of decree pending appeal.…

…........................................PLAINTIFF V E R S U S TWIGA CHEMICALS INDUSTRIES LTD...............DEFENDANT R U L I N G On 3rd October, 2008 the court (Waweru, J) conditionally allowed an application herein for stay…

…of execution of decree pending appeal.…

…...........................................................................DEFENDANT R U L I N G This is an application by Notice of Motion under order 41 Rule 4 of the Civil Procedure Rules for an order that there be a stay…

…of execution of the decree/order of this court dated 21st May, 1998 pending the hearing and determination of the intended appeal.…

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

…The stay was granted on condition that the appellant deposited Kshs.500,000/= in court. That condition was complied with on 23rd November, 2009.…

…stay of execution orders, pending an appeal against its decision or judgment.…

…He also urges that in case stay of execution is granted, he be paid half of the decretal amount.…

…He avers that judgment in this matter was delivered on 5th February, 2025 and the defendant/applicant granted a 30 days stay of execution.…

…stay of execution granted by the trial court.…

…THAT this Honourable court be pleased to issue an order of stay of execution by the Respondent of the orders issued in the Judgment of the Hon.…

…The law applicable for Stay of Execution pending Appeal is provided for under Order 42 rule 6(2) of the Civil Procedure Rules, 2010 thus: (1)No appeal or second appeal shall operate as a stay of execution or proceedings under…

…On 11th October, 2024, the applicant filed another application for stay of execution and for review of orders of conditional stay of execution of decree to allow the appellant to furnish a Bank Guarantee for Kshs.500,000…

…of execution. 9.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of this Application. 3.…

…THAT this honourable court be pleased to grant an order of stay of execution of the Ruling and Certificate of Costs herein pending hearing and determination of Migori High Court Appeal No.…

…of execution. 7.…

…Is stay of execution pending appeal merited? 9. The court has discretionary power to order stay of execution of a decree pending appeal.…

…of execution pending Appeal is merited?…

…It was the 1st and 2nd Respondents submissions that the grant of stay of execution is governed by the principles set out under Order 42 Rule 6 (2) of the Civil Procedure Rules.…

…a Stay of Execution of the judgement and Decree of this court pronounced on the 29.03.2023 would be dealt with.…

…Stay of Execution.…

…The grounds for grant of an order of stay of execution of judgement or court order pending appeal are provided for under Order 42 Rule 6 Civil Procedure Rules 2010 as follows: - “No order for stay of execution may be made…

…To succeed in an application for stay of execution pending appeal, an applicant must demonstrate that unless the order of stay of execution is granted, he/she will suffer substantial loss, that he/she has brought the application…

…a stay of execution falls within the jurisdiction of the Court; Further, that the Court in considering Applications for stay of execution must balance between the interests of the parties before it.…

…of execution.…

…The issue for determination is whether the Appellants/Applicants’ application for stay of execution pending appeal is merited. 10.…

…Order 42 Rule 6 (1) and (2) of the Civil Procedure Rules provides for stay of execution pending appeal as follows: - (1) No appeal or second appeal shall operate as a stay of execution or proceedings under a decree or order…

…The respondent has averred that the lower court granted the applicant a stay of execution for 60 days and liberty to seek a further stay of execution before this court where the applicant intended to file the appeal.…

…The uncontroverted evidence placed before the court by the respondent shows that the applicant filed an application for a stay of execution in the lower court dated 21st June 2022 and was granted 60 days stay of execution…

…E018 of 2025, having correctly found that no order of stay of execution had been granted by the court to the judgment debtors/Defendants.…

…The Deputy Registrar granted an order of stay of execution without an application for such order before her by the Defendants.…