Order 32 — Stay of Proceedings or Execution Pending Appeal
Rule 1 Stay of proceedings or execution pending appeal.
Where any application is made to the Court for a stay of execution, or of a proceeding under any Judgement or decision appealed from, the application shall be made by notice of motion supported by affidavit setting forth the grounds upon which a stay of execution or of a proceeding is sought and a written address.
Rule 2 Court may grant or refuse order for stay.
The Court shall have the power to make or refuse an order for stay of execution or of a proceeding subject to such condition as shall appear just including the deposit in Court of any money adjudged due to any party in the Judgement appealed to or from.
Rule 3 Compilation of records.
(1) An applicant for stay of proceeding or execution of a Judgement shall cause to be compiled the record of appeal within 90 days from the date of filing a notice of appeal.
(2) Where the record referred to in sub-rule 1 of this rule is not compiled, the respondent may apply to strike out the application or discharge the order if already granted.
Rule 4 Application for stay to be treated as urgent.
(1) An application for stay of proceeding or execution shall be regarded as an urgent matter.
(2) Where the Court has refused an application for stay, no application for stay of proceedings or execution shall be made to it on the same matter.
Rule 5 Formal order to be drawn up.
Where any application is made to the Court under this order, a formal order shall be drawn up embodying the terms of the decision of the Court and bearing the date upon which the order is made.