Subject Matter Index
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Condition for the grant of stay of execution
Conditions for granting an application to stay money judgment
Conditions for the grant of stay of execution
Duty on appellant who files a motion for stay of execution in addition to a notice of appeal
Effect of an application for a stay of execution
Effect of an application for stay of execution without a pending appeal
Effect of a stay of execution
Effect of failure to serve a motion for stay of execution on the judgment creditor
Grant or refusal of a stay of execution as a matter of discretion
How the court should exercise its discretion in granting a stay of execution
How the reconditeness of a point of law with reference to an application for a stay of execution is determined
Nature of burden on an applicant who seeks variation of the conditions on which a stay of execution is granted
Nature of judgment in respect of which a stay can be granted
Need for status quo to be maintained in an application for the grant of stay of execution
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
Onus on an applicant seeking a modification of the conditions for stay of execution
Power of the court to stay execution as an inherent and statutory power
Principles governing the grant of stay of execution
Principles governing the grant of stay of execution
Principles guiding the exercise of the court's discretion in granting a stay of execution
Purpose of granting stay of execution
Purpose of stay of execution
Special circumstances for the grant of an application for stay of execution
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
The basic principle for the grant of stay of execution
The grant of stay of execution as a matter of the court's discretion
The nature of the burden on an applicant for stay of execution
The principle that an application for stay of execution will not be granted unless an appeal has been lodged
The principle that a stay of execution should not be used as a substitute for obtaining judgment
The principle that a successful litigant should not be deprived the fruit of the judgment unless under special or exceptional circumstances
The right of a litigant to apply to the court to vary the grounds on which a stay of execution was granted
Unconditional stay of execution
What a court must consider in exercising its discretion to grant or refuse a stay
What an affidavit relied on by an applicant for stay of execution must show
What an applicant for stay of execution must show
What an applicant for unconditional stay of execution at the appellate court must establish
What an unsuccessful litigant applying for a stay of execution must show
What constitutes special circumstances for the grant of a stay of execution
What constitutes special circumstances for the stay of monetary judgment
What the court must consider in determining an application for variation of the conditions for a stay of execution
What the court should consider in an application for the stay of execution of a money judgment
What the court should consider in the exercise of its discretion in granting or refusing a stay of execution
What the word "special" connotes in deciding the circumstances that would warrant a grant of stay of execution
When an application for stay of execution can be made to an appellate court
Where application for stay of execution must first be filed
Whether a court can refuse an application for stay and yet impose a condition against the applicant
Whether a judgment can be executed where an application for stay of execution is pending before the court
Whether a judgment debtor has the locus to file an application for stay of execution of the garnishee order absolute
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
Whether an Appellant can apply for a stay of execution of a garnishee order absolute
Whether an appellate court can order the judgment debtor to deposit the judgment debt where an application for stay is granted
Whether an application for stay of execution can be couched in the form of an application for injunction
Whether an application for stay of execution can be made by a stranger to the original action
Whether an application for stay of execution is proper where a writ of execution has already been issued
Whether an application for stay of execution must first be made in the High Court
Whether an application for stay of execution should be granted before a garnishee application
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
Whether an execution after the refusal of the court of an application for stay will be set aside
Whether an execution of judgment can be carried out where an application for stay of execution has been filed
Whether an order of stay of execution will be granted in favour of a party in contempt of the court
Whether a notice of appeal operates as a stay of execution
Whether a stay of execution can be granted against a declaratory judgment
Whether a stay of execution can be granted in respect of a declaratory order
Whether a stay of execution can be granted on an already executed judgment
Whether a stay of execution can be granted on the ground of impecuniousity
Whether a stay of execution can be granted where the court declares that there is no jurisdiction to entertain the claim
Whether a stay of execution will be granted where there is no pending appeal
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
Whether a vacation order can be the subject of an application for a stay of execution
Whether failure of the judgment debtor to satisfy the conditions gives the judgment creditor the right to levy execution while an appeal is pending
Whether filing of an appeal operates as a stay of execution
Whether poverty is a valid ground for stay of execution
Whether stay of execution can be granted as a matter of course
Whether stay of execution can be granted to a contemnor
Whether stay of execution can be made only in respect of an executable judgment
Whether stay of execution should be granted to an alleged trespasser
Whether stay of execution will be granted where a respondent is well off
Whether stay of execution will be granted where it is intended to argue the issue of jurisdiction in the appeal
Whether stay of execution will be granted where the judgment has been executed
Whether the appointment of a receiver operates as a stay of execution
Whether the Court of Appeal can vary the terms of a conditional stay of execution
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
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
Whether the issue of jurisdiction constitutes a special circumstance for the grant of a stay of execution
Whether the issue of whether or not the appeal of an applicant for stay of execution will succeed is material
Whether the showing of substantial ground of appeal is sufficient to grant stay of execution
Whether the Supreme Court has powers to grant an application for stay of execution, and in terms different from that of the lower court
Whether the Supreme Court will grant a stay of execution where there is no pending appeal from the Court of Appeal
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