Principle

CIVIL PROCEDURE β€” Stay of Execution β€” Principles for Grant β€” Requirement of Special or Strong Circumstances

Area of law
CIVIL PROCEDURE
Court
Supreme Court

Stay of execution requires special or strong circumstances. The essence is maintaining the status quo to prevent destruction of the res and to avoid rendering the appeal nugatory. The applicant must demonstrate more than a desire to appeal. The judgment creditor's right to enjoy the…

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