Judgment[1993] KEHC 94
Case law
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Division and case type: CivilCivil Case
…RESPONDENT RULING This is an application for stay of execution pending the hearing and determination of an intended appeal. It is made under O XLI rule 4 of the Civil Procedure Rules.…
…By virtue of the provision of o 41 rule 4 (2) of the Civil Procedure Rules – “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…
Division and case type: CivilCivil Case
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer. After recounting the law and the admission by Mr. Mulwa it needs no further propounding. Mr.…
Division and case type: CivilCivil Appeal
…As to the prayer for stay of execution and release of attached property that is to feature alongside a similar prayer in the second application of 13th November, 1995.In this application Mrs. Nzei argued that Mr. F. M.…
…But a stay of execution was granted and it remains in force with the attached goods stored by the auctioneer. After recounting the law and the admission by Mr. Mulwa it needs no further propounding. Mr.…
Division and case type: CivilCivil Suit
…First, that there be a stay of execution of the decree of this court and second, that the ex-parte judgment entered herein be set aside.…
Division and case type: CivilCivil Appli
…of execution be issuedpending the determination of an intendedappeal staying all proceedings set forthand ordered in the Ruling delivered byHayanga J on 16-9-98."…
…The said decision will be and ishereby cancelled, and the Commission isby Mandamus commanded as above" Where an application is made for stay of execution ofappealable decree or order the Court may order stay onsufficient…
Division and case type: CivilCase number Civil Application
…ASSOCIATES..........................RESPONDENT COST CARE CONSULTANTS.................RESPONDENT KAM CONSULT ......................................RESPONDENT UTMOST CONSULTANTS .....................RESPONDENT (Application for stay…
…of execution in an intended appeal from a ruling of the High Court of Kenya at Mombasa (Mr Justice Wambilyangah) dated 29th July, 1994, in HCCC No 15 of 1994) ************************** RULING OF THE COURT This cause was…
Division and case type: CivilCivil Case
…I however, order a stay of execution of the said judgment until the defendant’s counter-claim shall have been heard and determined by the Court. I award the costs of the present application to the plaintiff.…