Subject Matter Index

Conditional Stay of Execution

2 subsidiary principles

Condition for the grant of stay of execution

7 cases

Conditions for granting an application to stay money judgment

1 case

Conditions for the grant of stay of execution

4 cases

Duty of the court to which an application for stay of execution pending appeal is made

1 case

Duty on appellant who files a motion for stay of execution in addition to a notice of appeal

1 case

Effect of an application for a stay of execution

1 case

Effect of an application for stay of execution without a pending appeal

3 cases

Effect of a process to enforce the decision of the court before the expiration of the seven days' automatic stay of execution

1 case

Effect of a stay of execution

3 cases

Effect of failure to serve a motion for stay of execution on the judgment creditor

1 case

Effect of stay of execution on the parties

1 case

Grant or refusal of a stay of execution as a matter of discretion

14 cases

Guidelines for the grant or refusal of stay of execution

1 case

How the court should exercise its discretion in granting a stay of execution

3 cases

How the reconditeness of a point of law with reference to an application for a stay of execution is determined

1 case

Meaning of a stay of execution

2 cases

Meaning of stay of execution

4 cases

Nature of burden on an applicant who seeks variation of the conditions on which a stay of execution is granted

1 case

Nature of judgment in respect of which a stay can be granted

1 case

Nature of stay of execution

3 cases

Need for an applicant for stay of execution to establish exceptional circumstances

2 cases

Need for an applicant for stay of execution to establish that its appeal, if successful, would be rendered nugatory by the court's refusal to stay execution

1 case

Need for status quo to be maintained in an application for the grant of stay of execution

1 case

Onus on an applicant for stay of execution to show substantial reasons to warrant deprivation of the successful party of the fruit of his judgment

1 case

Onus on an applicant seeking a modification of the conditions for stay of execution

2 cases

Onus on applicant to demonstrate to the court the likelihood of the appeal succeeding

1 case

Options open to an appellant who intends to apply for a stay of execution of a judgment

1 case

Power of the court to stay execution as an inherent and statutory power

1 case

Principles governing the grant of stay of execution

34 cases

Principles governing the grant of stay of execution

10 cases

Principles guiding the exercise of the court's discretion in granting a stay of execution

7 cases

Purpose of granting stay of execution

5 cases

Purpose of stay of execution

3 cases

Remedies available where a stay of execution cannot lie

1 case

Special circumstances for the grant of an application for stay of execution

3 cases

Stay of execution as an exception to the rule that a victorious party in any civil suit has the right to enforce the judgment of the Court of law in his/her favour

1 case

Step to be taken by an applicant dissatisfied with an order of the trial court in respect of an application for an unconditional stay of execution

1 case

The basic principle for the grant of stay of execution

4 cases

The duty of the court when considering an application for stay of execution

1 case

The grant of stay of execution as a matter of the court's discretion

4 cases

The main consideration in an application for stay of execution

1 case

The main consideration in an application for stay of execution pending appeal involving the payment of money

1 case

The nature of the burden on an applicant for stay of execution

1 case

The option available where an application for stay of execution is refused

1 case

The party that applies for stay of execution

1 case

The party who usually applies for stay of execution

1 case

The principle that an application for stay of execution presupposes that the order or decision in respect of which the stay is sought is capable of being executed by any of the known processes of execution

1 case

The principle that an application for stay of execution will not be granted unless an appeal has been lodged

1 case

The principle that a stay of execution of a judgment may be by operation of the rules or by order of a court

1 case

The principle that a stay of execution should not be used as a substitute for obtaining judgment

1 case

The principle that a successful litigant should not be deprived the fruit of the judgment unless under special or exceptional circumstances

7 cases

The right of a litigant to apply to the court to vary the grounds on which a stay of execution was granted

1 case

The rule that a repeat application for stay of execution is to be made to the appellate court after the trial court has refused the application

1 case

The rule that the successful party should enjoy the fruits of his victory

1 case

Unconditional stay of execution

What a court must consider in exercising its discretion to grant or refuse a stay

1 case

What an affidavit relied on by an applicant for stay of execution must show

1 case

What an applicant for stay of execution must show

1 case

What an applicant for unconditional stay of execution at the appellate court must establish

1 case

What an unsuccessful litigant applying for a stay of execution must show

1 case

What constitutes special circumstances for the grant of a stay of execution

3 cases

What constitutes special circumstances for the stay of monetary judgment

1 case

What the court must consider in determining an application for variation of the conditions for a stay of execution

1 case

What the court should consider in an application for the stay of execution of a money judgment

1 case

What the court should consider in the exercise of its discretion in granting or refusing a stay of execution

5 cases

What the phrase “appeal when successful would be rendered nugatory” connotes

1 case

What the word "special" connotes in deciding the circumstances that would warrant a grant of stay of execution

2 cases

When an application for stay of execution can be made to an appellate court

1 case

When a stay of execution will be granted

2 cases

Where application for stay of execution must first be filed

4 cases

Whether a court can grant an application for payment of the judgment debt by instalments together with an application for stay of execution

1 case

Whether a court can refuse an application for stay and yet impose a condition against the applicant

1 case

Whether a judgment can be executed where an application for stay of execution is pending before the court

1 case

Whether a judgment debtor has the locus to file an application for stay of execution of the garnishee order absolute

1 case

Whether a mere assertion by an applicant that, if the judgment debt is satisfied, he cannot successively prosecute the appeal constitutes special circumstance for the grant of stay of execution

1 case

Whether an appeal against a non-executable order of a Regional House of Chiefs will operate as a stay of execution

1 case

Whether an appeal from the Regional House of Chiefs to the National House of Chiefs operates as a stay of execution

2 cases

Whether an appeal operates as a stay of execution

5 cases

Whether an Appellant can apply for a stay of execution of a garnishee order absolute

1 case

Whether an appellate court can order the judgment debtor to deposit the judgment debt where an application for stay is granted

2 cases

Whether an applicant for stay of execution has a right to appeal against the refusal of the application by the High Court to the Court of Appeal

1 case

Whether an application for stay of execution can be based on a judgment that is not executable

2 cases

Whether an application for stay of execution can be couched in the form of an application for injunction

1 case

Whether an application for stay of execution can be founded upon an appeal to the Supreme Court which was filed without obtaining the requisite statutory leave to appeal

1 case

Whether an application for stay of execution can be made by a stranger to the original action

1 case

Whether an application for stay of execution can be made where the orders are to take immediate effect

1 case

Whether an application for stay of execution is proper where a writ of execution has already been issued

1 case

Whether an application for stay of execution must first be made in the High Court

1 case

Whether an application for stay of execution should be granted before a garnishee application

1 case

Whether an application for stay of execution stops execution until the application is heard

1 case

Whether an application for stay of execution will be granted because there is a likelihood of a breach of the peace

1 case

Whether an application to the High Court for a stay of execution following a rejection of an earlier application by a district court is an appeal

1 case

Whether an application to vary the conditions upon which a stay of execution was granted can be made by a party in whose favour the judgement was given

1 case

Whether an execution after the refusal of the court of an application for stay will be set aside

1 case

Whether an execution of judgment can be carried out where an application for stay of execution has been filed

1 case

Whether an order appointing a receiver and manager is executory so as to warrant a stay of execution

1 case

Whether an order of payment of the whole or a portion of a judgment debt into court pending an appeal is reasonable

1 case

Whether an order of stay of execution will be granted in favour of a party in contempt of the court

2 cases

Whether a notice of appeal operates as a stay of execution

2 cases

Whether an undertaking is a sine qua non for the refusal of a stay of execution

1 case

Whether a party can file an application for a stay of execution at the High Court in respect of a matter which was on appeal to the Supreme court

1 case

Whether a party whose application for stay of execution was not dismissed but granted on condition can make a fresh application to the Court of Appeal

1 case

Whether a stay of execution can be granted against a declaratory judgment

4 cases

Whether a stay of execution can be granted in respect of a declaratory order

2 cases

Whether a stay of execution can be granted on an already executed judgment

3 cases

Whether a stay of execution can be granted on the ground of impecuniousity

3 cases

Whether a stay of execution can be granted where the court declares that there is no jurisdiction to entertain the claim

2 cases

Whether a stay of execution can be in force where there would be no appeal

1 case

Whether a stay of execution may be in operation where there is no appeal

1 case

Whether a stay of execution will be granted where there are no proceedings for execution

1 case

Whether a stay of execution will be granted where there is no pending appeal

4 cases

Whether a substantial and arguable ground of law is a collateral circumstance worthy of consideration in deciding whether to grant a stay of execution or not

1 case

Whether a vacation order can be the subject of an application for a stay of execution

1 case

Whether courts should impose stringent conditions for the grant of an application for stay of execution

1 case

Whether failure of the judgment debtor to satisfy the conditions gives the judgment creditor the right to levy execution while an appeal is pending

1 case

Whether filing of an appeal operates as a stay of execution

7 cases

Whether fulfilling conditions of appeal is a condition precedent to an application for stay of execution

1 case

Whether, in an application for stay of execution, the court must seek to prevent the appeal from being nugatory

1 case

Whether in applications for stay of execution are being considered with reference to stated grounds of appeal, the court must of necessity do some due diligence by reference to the record of appeal to verify the authenticity of the said grounds

1 case

Whether orders which have been merely confirmed on appeal can be the subject of an application for stay of execution pending an appeal from such judgments

1 case

Whether poverty is a valid ground for stay of execution

2 cases

Whether stay of execution can be granted as a matter of course

1 case

Whether stay of execution can be granted in favour of an interested party

1 case

Whether stay of execution can be granted in respect of non-executable orders

7 cases

Whether stay of execution can be granted on the ground of refusal by the registrar to release copies of the judgment to the parties

1 case

Whether stay of execution can be granted to a contemnor

1 case

Whether stay of execution can be made only in respect of an executable judgment

4 cases

Whether stay of execution should be granted to an alleged trespasser

1 case

Whether stay of execution was developed from the inherent jurisdiction of the court

1 case

Whether stay of execution will be granted where a respondent is well off

1 case

Whether stay of execution will be granted where it is intended to argue the issue of jurisdiction in the appeal

1 case

Whether stay of execution will be granted where the judgment has been executed

1 case

Whether stay of execution will be ordered where the court is satisfied that an appeal filed is not frivolous

1 case

Whether the appointment of a receiver operates as a stay of execution

1 case

Whether the court can delve into the merits of the appeal in an application for stay of execution

1 case

Whether the court can grant a motion after granting a stay of execution

1 case

Whether the court can stay an execution which has already been carried out

1 case

Whether the court must ensure that a grant of stay of execution will not render a successful appeal nugatory

2 cases

Whether the Court of Appeal can vary the terms of a conditional stay of execution

2 cases

Whether the Court of Appeal has original jurisdiction to order a stay of execution

1 case

Whether the court will delve into the reasonableness or otherwise of the appeal succeeding in an application for a stay of execution

1 case

Whether the court will grant stay of execution of a judgment of an order for payment into court of a large sum of money

1 case

Whether the existence of an application seeking for an order staying execution of a judgment precludes a judgment creditor from seeking to use some other legal method to enforce judgment

1 case

Whether the fact of a ground of appeal raising recondite or arguable points of law constitutes a special circumstance for the grant of a stay of execution

1 case

Whether the fact that an award appears huge is a special circumstance to warrant a stay of execution

1 case

Whether the fact that the respondent may not be in a position to refund the money if paid to him should the appeal succeed is a ground for granting a stay of execution

1 case

Whether the issue of jurisdiction constitutes a special circumstance for the grant of a stay of execution

1 case

Whether the issue of whether or not the appeal of an applicant for stay of execution will succeed is material

1 case

Whether the revocation of rule 28 of CI 19 affects the right of an applicant whose application for stay of execution has been refused by the lower court to repeat same in the Court of Appeal

1 case

Whether the rule that an order must be executable applies to an appeal against an order of dismissal of an application for stay of execution

1 case

Whether the showing of substantial ground of appeal is sufficient to grant stay of execution

2 cases

Whether the successful party must take the first step of enforcing the judgment before stay of execution can be applied for

1 case

Whether the Supreme Court can order the stay of execution of the judgment of the High Court affirmed by the Court of Appeal

1 case

Whether the Supreme Court can stay the execution of a judgment

2 cases

Whether the Supreme Court has powers to grant an application for stay of execution, and in terms different from that of the lower court

1 case

Whether the Supreme Court will grant a stay of execution where there is no pending appeal from the Court of Appeal

1 case

Whether the trial court can entertain an application for stay of execution before the appeal is entered

1 case