Principle

CIVIL PROCEDURE – Stay of execution – Power of appellate court to impose fresh terms

Area of law: PRACTICE AND PROCEDURE
Court: Supreme Court

The appellate court may impose different stay terms, but only on application by the original applicant. The principle applies to stay applications. The respondent cannot seek variation without cross-appeal. The rule ensures procedural order. The court will not vary terms suo motu. The principle protects…

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