Stay of execution

Sierra Leone — Court of Appeal · 2006

Principle established: An appellate court will only grant a stay of execution of a judgment where special circumstances are demonstrated by the applicant.

Sierra Leone — Court of Appeal · 2006

Principle established: A stay of execution of a judgment will only be granted where the applicant shows special circumstances justifying the order.

Sierra Leone — Supreme Court · 2015

Principle established: The Supreme Court may grant an enlargement of time to appeal and a stay of proceedings where an appeal lies as of right, pursuant to its procedural rules.

Sierra Leone — Supreme Court · 2015

Principle established: An applicant may seek an enlargement of time to appeal and a stay of execution of lower court judgments pending the determination of the appeal in the Supreme Court.

Sierra Leone — Supreme Court · 2015

Principle established: Where an appeal lies as of right, the Supreme Court has the discretion to grant an enlargement of time to lodge the appeal and stay proceedings from the lower courts.

Sierra Leone — Court of Appeal · 2012

Principle established: An applicant may move to set aside an order dismissing an appeal and restore it for hearing while seeking a stay of execution of the underlying judgment.

Sierra Leone — Supreme Court · 2014

Principle established: An application for a stay of execution of a High Court judgment pending appeal may be made to the Supreme Court under its specific procedural rules.

Sierra Leone — Court of Appeal · 2024

Principle established: A stay of execution pending appeal may be sought in the Court of Appeal after being refused in the High Court to prevent the recovery of possession of disputed land.

Sierra Leone — Court of Appeal · 2018

Principle established: An application for enlargement of time to seek leave to appeal must be supported by an affidavit setting forth good and sufficient reasons and proposed grounds showing good cause.

Sierra Leone — African Law Reports · 1957-60

Principle established: An appeal will not be stayed merely on the ground that the appellant has not paid the taxed trial costs and lacks the means to pay them.

Sierra Leone — Court of Appeal · 2005

Principle established: An applicant seeking a stay of execution of a judgment pending appeal must establish special circumstances justifying the grant.

Sierra Leone — Court of Appeal · 2005

Principle established: An applicant seeking a stay of execution of a judgment pending appeal must establish special circumstances justifying the grant.

Malawi · 2024

Principle established: An application for stay of execution pending appeal may be brought before the Supreme Court following the dismissal of a similar application in the High Court.

Malawi · 2024

Principle established: A party may apply to vacate a stay order pending the hearing of an appeal to allow for the execution of a judgment from the Industrial Relations Court.

Sierra Leone — Court of Appeal · 2019

Principle established: An applicant seeking a stay of execution pending appeal must demonstrate that the appeal is arguable and that the stay is necessary to prevent the appeal from being rendered nugatory.

Sierra Leone — Court of Appeal · 2023

Principle established: An application for a stay of execution pending appeal is considered based on whether the appeal has prospects of success and whether the applicant would suffer irreparable harm.

Sierra Leone — Court of Appeal · 2017

Principle established: Applications for extension of time or renewal of a stay of proceedings in commercial matters must be treated with dispatch to ensure the efficient resolution of the substantive case.

Sierra Leone — Court of Appeal · 2017

Principle established: The court emphasizes the need for speed in processes relating to matters before the Fast Track Commercial Court when considering applications for extending interim stays of proceedings.

Sierra Leone — Court of Appeal · 2015

Principle established: An application for stay of execution of a Court of Appeal judgment may be granted pending the hearing and determination of a further appeal to the Supreme Court.

Sierra Leone — Court of Appeal · 2016

Principle established: The full Court of Appeal may review and reverse the decision of a single Justice of Appeal who struck out a notice of appeal for being filed out of time.

Sierra Leone — Court of Appeal · 2016

Principle established: A review of a single Justice's decision by a full panel is generally limited to instances where the single Justice committed an error of law in their ruling.

Sierra Leone — Court of Appeal · 2017

Principle established: Leave to appeal against a ruling may be granted where the proposed grounds of appeal raise serious questions of law that are not frivolous and deserve trial.

Sierra Leone — Court of Appeal · 2004

Principle established: A stay of execution pending appeal will only be granted where the applicant demonstrates special circumstances, and will be refused where there is a substantial case against granting it.

Malawi · 2024

Principle established: A court may vacate an ex parte stay of execution where the underlying judgment involves compensation for redundancy awarded by the Industrial Relations Court.

Kenya · 2024

Principle established: The Supreme Court may grant a stay of execution of a Court of Appeal judgment pending the determination of a petition filed under its constitutional jurisdiction.

Sierra Leone — Court of Appeal · 2012

Principle established: An applicant may seek an extension of time to appeal alongside a stay of execution of previous court orders pending the determination of an appeal.

Malawi · 2026

Principle established: A single judge of the Supreme Court of Appeal may exercise powers to grant or discharge a stay of execution pending the determination of an appeal.

Sierra Leone — Court of Appeal · 2018

Principle established: A defendant may apply for a stay of execution of a summary judgment in a land dispute pending the hearing and determination of an appeal.

Sierra Leone — Supreme Court · 2014

Principle established: The Supreme Court exercises supervisory jurisdiction to issue orders of certiorari to set aside rulings of lower courts where there is a jurisdictional error or procedural impropriety.

Sierra Leone — Supreme Court · 2014

Principle established: An application for certiorari in the Supreme Court's supervisory jurisdiction may be used to challenge and set aside a ruling delivered by a judge of the Court of Appeal.

Sierra Leone — Supreme Court · 2014

Principle established: The Supreme Court may stay High Court proceedings and issue an order of certiorari to set aside a ruling if the applicant demonstrates grounds for supervisory intervention.

Sierra Leone — Court of Appeal · 2016

Principle established: An application for enlargement of time to appeal must provide sufficient reasons for the delay and demonstrate that the proposed appeal has merit.

Sierra Leone — Court of Appeal · 2016

Principle established: An application for stay of execution pending appeal may be brought before the court.

Malawi · 2024

Principle established: An interlocutory injunction may be sought in the Supreme Court to restrain the execution of a warrant of possession related to a deceased person's estate.

Sierra Leone — Court of Appeal · 2026

Principle established: An interim stay of execution may be granted to preserve the status quo pending the hearing and determination of a substantive application or appeal.

Sierra Leone — Supreme Court · 2012

Principle established: An applicant may seek a stay of execution of a Court of Appeal order requiring them to vacate premises pending the determination of an application to the Supreme Court.

Sierra Leone — Court of Appeal · 2013

Principle established: A party may apply for a stay of execution of a judgment pending the determination of an appeal to prevent the enforcement of orders affecting their property interests.

Uganda · 2024

Principle established: A stay of execution may be granted pending the determination of an appeal to prevent the enforcement of a judgment that is being challenged in a higher court.

Uganda · 2024

Principle established: An applicant seeking a stay of execution must demonstrate that they will suffer irreparable damage if execution proceeds before the determination of their appeal.

Malawi · 2024

Principle established: An application for stay of execution of a money judgment may be brought in the Supreme Court after being dismissed by the High Court.