Principle

APPELLATE PRACTICE β€” Stay of Execution β€” Conditional Stay β€” Applicant Seeking Variation Must Suggest Terms or Show Inability to Meet Conditions

Area of law
APPELLATE PRACTICE
Court
Supreme Court

When a conditional stay is granted, the applicant seeking variation must propose alternative terms or demonstrate inability to meet the conditions. The applicant should file an affidavit of means to show financial incapacity. Mere assertion of inability is insufficient. The court cannot speculate on what…

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