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High Court granted a stay of execution pending appeal, finding the application timely, risk of substantial loss, and adequate security by commitment bond.
Applicant demonstrated likelihood of substantial loss regarding child custody if stay is denied; commitment bond is sufficient security as decree is not monetary; stay granted pending appeal.
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Notice of eviction issued by respondent's counsel constitutes a valid notice of intended execution under Rule 11(7)(d), applicant complied with procedural requirements, and substantial loss would occur if execution proceeds; stay of execution is granted pending appeal.
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The application for stay of execution is competent as the applicant fulfilled all conditions for grant of stay, including timely filing and service of the notice of appeal. The alleged invalidity of the notice of appeal is not material at this stage and relates to the competency of the intended appeal, not the application for stay. The respondent was aware of the applicant's intention to appeal, and the application meets the requirements for a stay order.
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The application for stay of execution was filed within fourteen days of the High Court's order reactivating execution proceedings, satisfying rule 11(4); a firm undertaking to furnish security is sufficient; substantial loss was demonstrated; the peculiar circumstances justify stay to protect both parties' interests.
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The High Court dismissed an application to restrain execution, holding that a stay of execution had lapsed because the applicants failed to furnish required security.
The applicant has fully complied with Rule 11(6) of the Court of Appeal Rules, 2009, and demonstrated risk of substantial loss if execution proceeds. No prejudice will be caused to the respondent as they will be heard inter partes. Therefore, an ex parte stay of execution is warranted.
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The Court of Appeal dismissed a stay application as time-barred, unsupported by security, and pointless because the disputed house had already been sold.
The Court of Appeal dismissed an application for stay of execution as out of time, unsupported by grounds or security, and overtaken by sale of the property.
The Court of Appeal dismissed an application for stay of execution, holding that the applicant had not met the cumulative requirements under the 2009 Rules, including security.
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