Principle

CIVIL PROCEDURE – Stay of Execution and Inherent Powers of Court – Limitation of Stay of Execution to Executory Judgments or Orders

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Stay of execution applies only to executory judgments (those requiring positive action). Declaratory judgments are not executory and cannot be stayed. The principle prevents the misuse of stay applications. The court will not stay a declaratory order because there is nothing to execute. The rule…

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