Prada Enterprises co Ltd Vs Joyce mex Khalid and 2 others, Civil Application no 279/01 of 2020.

This case provide distinction between stay of execution and injunction.

a party applied for stay for execution on dismissed judgement the question in couet of appeal was;

Whether dismissed judgment can be applied for stay of execution?

judgment andseceee to be stayed was dismissed that dismissed suit as effect to restoring parties into their original states nothing granted right which can be executed.

“It bears reflecting that a temporary injunction is
an equitable relief for maintaining the status quo
between the parties pending the hearing and
determination o f an action in court.

The remedy is in the nature o f a prohibitory order granted at
the discretion o f the court against a party.

On the other hand, while an order for stay o f execution is also in the nature o f prohibitory
order, it is addressed to the court carrying out the execution to suspend or delay the
enforcement o f the decree concerned pending
hearing and determination o f a proceeding, most
certainty an appeal.

What a stay o f execution
does, therefore, is to prohibit the court from proceeding with the execution further.