Principle

CIVIL PROCEDURE – Stay of Execution – Discretion Must Be Exercised Judicially and Judiciously

Area of law
PRACTICE AND PROCEDURE
Court
Supreme Court

Stay of execution is discretionary, not automatic. The court must balance the judgment creditor's right to enforce and the judgment debtor's right to appeal. The principle applies to all stay applications. The court must act judicially and judiciously. The discretion must be exercised based on…

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