[2025] KEHC 10171 (KLR)
The court found that the appellant had lodged the appeal within the prescribed time and had deposited the decretal sum in an interest-earning escrow account, satisfying the requirements for stay of execution. The court reasoned that releasing the funds to the respondent would prejudice the appellant should the...
Source-derived case information.
- Citation
- [2025] KEHC 10171 (KLR)
- Parties
- Appellant: Amble Beginnings Counsult Ltd; Respondent: Anne Amondi Ojowa
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E1362 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted; decretal sum to remain in escrow pending appeal.
- Judges
- LP Kassan
- Legal Topics
- Stay of Execution, Security for Decretal Sum, Right of Appeal, Escrow Account, Prejudice to Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amble Beginnings Counsult Ltd
Appellant
Anne Amondi Ojowa
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal.
- 2 Whether the deposit of security in an interest-earning account is sufficient.
- 3 Whether releasing the decretal sum to one party would prejudice the other.
Ratio Decidendi
The court found that the appellant had lodged the appeal within the prescribed time and had deposited the decretal sum in an interest-earning escrow account, satisfying the requirements for stay of execution. The court reasoned that releasing the funds to the respondent would prejudice the appellant should the appeal succeed, as there was no certainty the respondent could refund the amount. The respondent's affidavit of means did not provide sufficient assurance of ability to repay, given the low account balance and fluctuating business income. The court held that both parties' rights must be balanced, and the safest course was to preserve the decretal sum in escrow until the appeal is...
Court Disposition
Stay of execution granted; decretal sum to remain in escrow pending appeal.
Orders
- Prayers (3) and (4) of the application are granted.
- The decretal amount shall remain in the escrow account pending determination of the appeal.
Full Case Text
Judgment text and source record
23 paragraphs
Amble Beginnings Counsult Ltd v Ojowa (Civil Appeal E1362 of 2024) [2025] KEHC 10171 (KLR) (Civ) (15 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10171 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E1362 of 2024
LP Kassan, J
July 15, 2025
Between
Amble Beginnings Counsult Ltd
Appellant
and
Anne Amondi Ojowa
Respondent
Ruling
1. This is a notice of Motion that basically seeks stay of execution of Judgement and decree entered on the 2nd day of July 2025 for the main reason of there being an appeal. I have read the submissions and all relevant documents and so I shall not belabor on their details but rather deal directly with the issues raised;
The Right of appeal 2. This is a Constitutional right. In this case the Appeal was lodged within time limit. This is the main reason as to why Parliament created hierarchy of Courts.
Deposit of Security. 3. The Appellant has duly deposited the security to an interest earning Account.
Whether Parties/one party shall be prejudiced if moneys in the decretal account is released. 4. In an Appeal, no one is certain on its outcome and so the rights of both parties are equal- no one has a higher right over the other. How then should this Court treat the money in the escrow account? Should it be for the benefit of both parties or only one party? If these moneys are released to one of the parties that would mean that it will loose interest and in the event that the party whose money is released to looses the Appeal, what will happen to the other winning Party in terms of expected interests? This issue has not been addressed by the Respondent.
Affidavit of means. 5. The Responded has attached his bank statement showing various transactions. Money in and money out compete at an equal level meaning that in as much as the transactions are over 8 Million, his expenses is almost the same and at the end only Ksh 705 is in his account as at 17th May 2022. On the issue of business earnings, we all know that profit and losses vary depending on many things. In short no one can tell for certain that he will make specific amount of profit in future.
The rights to enjoy fruits of Judgement. 6. The Respondent has every right to enjoy the fruits of his Judgement but not to compromise the right of the Appellant. The fact that the money is earning interest may mean that his right to grow the decretal amount is safeguarded. There is no hard prove or certainty that if this money is released, it would grow more or less than if it is kept in the escrow account due to several uncertainties.
7. The upshot of the above is that it is safer for both parties if the decretal amount remains to an escrow account. Consequently, I grant prayers (3) and (4). Given the circumstances of this case Costs shall be in cause.Orders accordingly
DATED, SIGNED AND DELIVERED VIRTUALLY THIS 15TH DAY OF JULY 2025. HON L P KASSANJUDGEIn the presence of;Kitongi for RespondentNo appearance for ApplicantCarol – Court Assistant