[2022] KEHC 603 (KLR)

[2022] KEHC 603 (KLR)

The court granted a stay of execution of the decree pending appeal, conditional upon the appellant depositing the entire decretal sum of Kshs. 120,500 into a joint interest earning account to be opened and held by both parties' advocates within 40 days. The court found this to be an appropriate mode of security for the due performance of the decree, balancing the interests of both parties. The court declined to make any orders on costs as they had not yet been assessed or certified. The parties were encouraged to explore an amicable settlement and to file a consent if they reached agreement. The matter was set for mention to confirm the availability of the trial court record for admission...

Citation
[2022] KEHC 603 (KLR)
Parties
Appellant: Fredrick Onyango Aoro; Respondent: Benard Omondi Odinga
Court
High Court
Court Station
High Court at Siaya
Jurisdiction
Kenya
Judgment Date
15 June 2022
Case Number
Civil Appeal E023 of 2022
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Stay of execution granted on condition of security; application allowed in part.
Judges
RE Aburili
Legal Topics
Stay of Execution, Security for Due Performance, Appeal Procedure
Source Language
English
Civil Procedure Stay of Execution Security for Due Performance Appeal Procedure

Case Brief

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Parties

Fredrick Onyango Aoro

Appellant

Benard Omondi Odinga

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether a stay of execution pending appeal should be granted and on what terms.
  2. 2 What is the appropriate mode of security for the due performance of the decree.

Ratio Decidendi

The court granted a stay of execution of the decree pending appeal, conditional upon the appellant depositing the entire decretal sum of Kshs. 120,500 into a joint interest earning account to be opened and held by both parties' advocates within 40 days. The court found this to be an appropriate mode of security for the due performance of the decree, balancing the interests of both parties. The court declined to make any orders on costs as they had not yet been assessed or certified. The parties were encouraged to explore an amicable settlement and to file a consent if they reached agreement. The matter was set for mention to confirm the availability of the trial court record for admission...

Court Disposition

Stay of execution granted on condition of security; application allowed in part.

Orders

  • Stay of execution of the decree made on 19/4/2022 in Bondo PMCC No. 36/2020 granted pending appeal, conditional upon the appellant depositing the whole decretal sum into a joint interest earning account to be opened and held by both parties' advocates.
  • The decretal sum of Kshs. 120,500 shall be deposited in the opened account within 40 days of the ruling, failing which execution shall issue.