Principle

CIVIL PROCEDURE – Stay of execution – Jurisdiction of appellate court to vary conditions of stay

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Appellate courts have unfettered power to vary stay conditions. The applicant may challenge terms imposed by the lower court. The principle applies to all stay applications. The appellate court may impose different terms. The rule promotes fairness. The applicant is not bound by the lower…

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