Code of Organization and Civil Procedure (Cap. 12), article 823

823. (1) The demand for a new tria l shall not operate so as to stay the execution of the judg ment sought to be set aside. Power of court. (2) Notwithstanding the provisions of sub-article (1), the court before which a new trial is dema nded may, at the instance, by application both befor e the Court of Appeal and before the cour t of first instance, of the party making such demand, order a stay o f execution of the judgment if - (a) together with his demand su ch 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 i s 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 imp risonment 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-ar ticles (2), (3) and (4) shall not apply. (6) An appeal from a judgment d isallowing the demand for the stay of execution of the judgment sought to be set aside shall in no case operate as a stay of execu tion of the latter judgment. No new trial in respect of judgment given upon new trial. Amended by: IX.1886.101.