[2022] KEHC 11185 (KLR)
The court granted a stay of execution of the decree pending appeal on the condition that the appellant deposits the entire decretal sum into a joint interest earning account to be opened and held by both parties' advocates. This approach balances the applicant's right to appeal and the respondent's right to security...
Source-derived case information.
- Citation
- [2022] KEHC 11185 (KLR)
- Parties
- Applicant: Fredrick Onyango Aoro; Respondent: Mary Auma Were
- Court
- High Court
- Court Station
- High Court at Siaya
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E024 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed with conditions.
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Security for Due Performance, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Fredrick Onyango Aoro
Applicant
Mary Auma Were
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the decree pending appeal.
- 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 on the condition that the appellant deposits the entire decretal sum into a joint interest earning account to be opened and held by both parties' advocates. This approach balances the applicant's right to appeal and the respondent's right to security for the judgment. The court declined to make any orders on costs as they had not yet been assessed. 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 further directions.
Court Disposition
Application for stay of execution allowed with conditions.
Orders
- Stay of execution of the decree in Bondo PMCC No. 35/2020 granted pending appeal, conditional upon the appellant depositing the whole decretal sum into a joint interest earning account held by both parties' advocates.
- The decretal sum of Kshs. 110,500 shall be deposited in the opened account within 40 days; in default, execution shall issue.
Full Case Text
Judgment text and source record
18 paragraphs
Aoro v Were (Civil Appeal E024 of 2022) [2022] KEHC 11185 (KLR) (15 June 2022) (Ruling)
Neutral citation: [2022] KEHC 11185 (KLR)
Republic of Kenya
In the High Court at Siaya
Civil Appeal E024 of 2022
RE Aburili, J
June 15, 2022
Between
Fredrick Onyango Aoro
Applicant
and
Mary Auma Were
Respondent
(Being an Appeal from the Judgment/decree of Hon. S.W. Mathenge, Resident Magistrate dated 19/4/2022 and delivered on 19/4/2022 in Bondo PMCC No. 35 of 2020)
Ruling
1. As the parties have agreed on the stay of execution of decree in Bondo PMCC No. 35/2020 save for the mode of security for the due performance of decree, the application dated 23/5/2022 be and is hereby allowed in the following terms:1. That there is hereby granted to the appellant/applicant, stay of execution of decree made on 19/4/2022 before Bondo PMCC No. 35/2020 pending the hearing and determination of this appeal conditional upon the appellant depositing the whole decretal sum into a joint interest earning account to be opened and held by both counsel for the appellant Ms. Kimondo Gachoka & Co. Advocates and the Respondent’s counsel Ms. Geoffrey Okoth and Co. Advocates.2. The Decretal sum of Kshs. 110,500 shall be deposited in the opened account within 40 days of today and in default, execution shall issue.3. As the costs have not been assessed and a Certificate of taxation issued, this court cannot make any orders on the same.4. The Parties are also implored by this court to explore an amicable settlement of the decretal sum and if they so agree, they can file a consent for adoption by the court.5. This appeal shall be mentioned before the Deputy Registrar on 15/7/2022 to confirm availability of the trial court record for admission of the appeal and or for further directions.
2. I so order.
DATED, SIGNED AND DELIVERED AT SIAYA THIS 15TH DAY OF JUNE, 2022R.E. ABURILIJUDGE