Order 39 — Stay of Execution or of Proceedings Pending Appeal

(1) Where an application is made to a Judge for a stay of execution or of proceedings in respect of Judgment or decision appealed from, such application shall be made by Motion on Notice with a Written Address as provided for in these Rules, and shall be supported by an affidavit stating the grounds upon which the stay of execution or of proceedings is sought.

(2) The Applicant for stay of execution or of proceedings shall cause to be compiled and transmitted, the Record of Appeal within the time and in the manner prescribed in these Rules for the compilation and transmission of Records to the Court.

(3) Where the Record of Appeal is not so compiled and transmitted, the Respondent may apply to strike out the application or discharge the Order, if already granted.

(4) Application for stay of execution and stay of proceedings shall be regarded as an urgent matter and shall be heard within thirty days from the date of filing, failing which it shall be struck out.

(5) Where an application for stay of execution or proceedings is either dismissed, struck out or discharged, no further or other such application shall be made in the same matter.

(1) On an application being made for stay of execution under any enactment establishing the lower Court, the lower Court or the Court may impose one or more of the following conditions, that is, that the Appellant:
(a) shall deposit a sum fixed by the Court not exceeding the amount of the money or the value of the property affected by the decision or Judgement appealed from or give security to the satisfaction of the Court for the said sum;
(b) shall deposit a sum equal to the amount of the costs allowed against him or give security to the satisfaction of the Court for the said sum;
(c) shall, where the decision or Judgement appealed from relates to possession of lands or houses, give security to the satisfaction of the Court for the performance of the decision or Judgement in the event of the appeal being dismissed;
(d) shall have his property seized and attached pending the making of a deposit or the giving of security, including a deposit or a security for the expenses incidental to the seizure and attachment; and
(e) shall have his property seized, attached and sold and the net proceeds deposited in Court pending determination of the appeal.

(2) An Order made on an application shall limit the time (not being more than thirty days) for the performance of the conditions imposed and direct that in default of the performance within the time so limited, execution may issue or proceed.

(3) An application for stay of execution under the enactment establishing the lower Court may be made at any time after lodgement of the Notice of Appeal and shall in the first instance be made to the lower Court; but where execution has been ordered by the lower Court, the application shall be made to the Court.

(4) The application may be brought ex-parte but the Court may direct notice thereof to be given to the other party to the appeal and where an Order is made ex-parte, the Registrar of the Court shall notify the other party of the Order made.

(5) Where the Appellant proposes to give security instead of making a deposit, the application shall state the nature of the security and the name of the surety proposed, if any.

(6) A party dissatisfied with an Order made by the lower Court may apply to the Court by Motion on Notice to the other party for a review of the Order, and the Court may thereupon make such Order as may seem just.

(7) An appeal shall not operate as a stay of execution of the decision or Judgement appealed from except so far as the lower court or the Court may order and no intermediate act or proceeding shall be invalidated except so far as either Court may direct.

The Court may make or refuse an Order for a stay of execution or of proceedings, subject to such conditions as shall appear just, including the deposit in Court of any money adjudged due to any party in the Judgement appealed from.

Where any application is made to the Judge under this Order, a formal Order shall be drawn up embodying the terms of the decision of the Judge and bearing the date upon which the Order is made.