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Notice of Motion for Stay of Execution Pending Appeal

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DOCX
Pages
2
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Document Overview

A Notice of Motion for Stay of Execution Pending Appeal is a formal court application made by a party (called the Applicant) who has lost a case or judgment in a lower court, asking a higher court (usually the High Court or Court of Appeal) to temporarily stop (“stay”) the execution of that judgment or decree until their appeal is heard and determined.

It is brought under Order 42 Rule 6 of the Civil Procedure Rules, 2010, and Section 3A of the Civil Procedure Act, Cap 21.

The main purpose is to ensure that the appeal is not rendered useless (nugatory) if the winning party proceeds to execute the judgment before the appeal is decided.

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