Cap. 12 Art. 823Demand for new trial not to operate as a stay of execution.

(1) The demand for a new trial shall not operate so as to stay the execution of the judgment sought to be set aside.

(2) Notwithstanding the provisions of sub-article (1), the court before which a new trial is demanded may, at the instance, by application both before the Court of Appeal and before the court of first instance, of the party making such demand, order a stay of execution of the judgment if -

(a) together with his demand such party gives sufficient security for the execution of the judgment, if it is not set aside, including such security as is mentioned in article 266(10); and

(b) it is shown to the satisfaction of the court that the execution of the judgment is likely to cause greater prejudice to such party than the stay of execution would cause to the opposite party.

(3) The security referred to in sub-article (2)(a), when given, shall in all cases operate as a stay of execution of a judgment ordering the arrest or imprisonment of the debtor.

(4) The filing of the application containing the demand for the stay of execution of the judgment sought to be set aside shall not operate as a stay of execution of such judgment unless, upon an application to that effect, the court shall for just cause order such stay of execution.

(5) Where the enforcement of a judgment has been authorized by the judgment sought to be set aside the provisions of sub-articles (2), (3) and (4) shall not apply.

(6) An appeal from a judgment disallowing the demand for the stay of execution of the judgment sought to be set aside shall in no case operate as a stay of execution of the latter judgment.