Intrinsic contradictions within an applicant's own affidavits do not require oral evidence to resolve; however, contradictions between the applicant's affidavits and the respondent's affidavits must be…

A consequential order made subsequent to a judgment that detracts from the judgment or contains extraneous matters is not made within jurisdiction, as the judge becomes…

A stay of execution can only be granted upon the applicant showing special, exceptional, or strong circumstances; the compelling reason is to preserve the res from…

Stay of execution is not a relief granted as a matter of course; it is essentially an equitable remedy that must balance the successful party's right…

It is the balance of convenience that tilts the scale always in determining whether to grant a stay; if the court is not satisfied with the…

Special or strong circumstances must exist before a stay of execution can be granted; the essence is to maintain the status quo to ensure the res…

After dismissing a stay application, the court may make consequential orders preserving the res pending appeal; such orders do not detract from the dismissal and are…

An applicant seeking a variation of a conditional stay must suggest alternative terms or show reasons why he cannot meet the prescribed conditions, such as by…

The law that the court does not make a practice of depriving a successful litigant of the fruits of his litigation, and locking up funds to…

Matters that may constitute special circumstances include the plaintiff's inability to refund the money if the appeal succeeds, or that the appeal has great merit and…

A judgment that is patently flawed upon a fundamental vice or obviously null and void on jurisdiction can be a special circumstance warranting a stay, as…

The special circumstances that entitle a court to stay execution of a judgment are those that go to the enforcement of the judgment, not those that…