Principle

CIVIL PROCEDURE – Stay of Execution – No Stay of Execution in Respect of Non-Executory or Declaratory Judgments

Area of law
CIVIL PROCEDURE
Court
Supreme Court

A stay of execution applies only to executory judgments (those requiring positive action). Declaratory judgments merely declare rights and cannot be stayed because there is nothing to execute. The principle applies to all civil proceedings. The court cannot grant a stay of a declaratory order.…

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