[2025] KEHC 8735 (KLR)

[2025] KEHC 8735 (KLR)

The court found that the applicant failed to satisfy the requirements for grant of stay of execution under Order 42 Rule 6 of the Civil Procedure Rules. The applicant's main ground for substantial loss was that the suit motor vehicle had already been sold to a third party, but the court held that this did not amount...

Source-derived case information.

Citation
[2025] KEHC 8735 (KLR)
Parties
Appellant: Hezron Ongaro Ali; Respondent: Mary Nyakambi Nyang'ao
Court
High Court
Court Station
High Court at Nyamira
Jurisdiction
Kenya
Judgment Date
19 June 2025
Case Number
Civil Appeal E010 of 2024
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application dismissed with costs to the respondent
Judges
WA Okwany
Legal Topics
Stay of Execution, Injunctions, Ownership Disputes, Contempt of Court
Source Language
english
Civil Procedure Land and Property Stay of Execution Injunctions Ownership Disputes Contempt of Court

Source-derived case record

Summary, issues, holding and outcome

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Parties

Hezron Ongaro Ali

Appellant

Mary Nyakambi Nyang'ao

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to an order of stay of execution of the judgment pending appeal.
  2. 2 Whether the applicant has satisfied the conditions for grant of stay of execution under Order 42 Rule 6 of the Civil Procedure Rules.
  3. 3 Whether the applicant acted in bad faith by disposing of the suit motor vehicle during the pendency of the proceedings.

Ratio Decidendi

The court found that the applicant failed to satisfy the requirements for grant of stay of execution under Order 42 Rule 6 of the Civil Procedure Rules. The applicant's main ground for substantial loss was that the suit motor vehicle had already been sold to a third party, but the court held that this did not amount to substantial loss as required by law. The applicant disposed of the subject matter of the suit during the pendency of proceedings, disregarding the court process and acting in bad faith. The court further noted that the applicant did not propose or provide security for the due performance of the decree. As such, the application for stay of execution lacked merit and was...

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application dated 27th September 2024 for stay of execution is dismissed with costs to the respondent.