Order 55 β€” Stay of Execution or Proceedings Pending Appeal

Rule 1 Stay of execution pending appeal

Where any application is made to a Judge for a stay of execution or of proceedings under any judgement or decision appealed from, such application shall be made by notice of motion supported by affidavit setting forth the grounds upon which a stay of execution or of proceedings is sought.

Rule 2 Compilation of record

An Applicant for an order of stay of execution or of proceedings shall pay for the compilation of the records of appeal within 14 days from the date of filing a notice of appeal and where the cost for the compilation of the records is not paid, the Respondent may apply to strike out the application or discharge the order if already granted.

Rule 3 Court may grant or refuse order for stay

(1) An application for stay of execution or of proceedings shall be regarded as an urgent matter and shall be heard within 28 days from the date of filing.

(2) The Court may make or refuse to make an order for stay of execution or of proceedings.

(3) An order for stay of execution or of proceedings may be made subject to such conditions as shall appear just, including the deposit in court of any money adjudged due to any party in the judgement or decision appealed from.

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