[2025] KEHC 4509 (KLR)

[2025] KEHC 4509 (KLR)

The court found that the applicant had satisfied the requirements for stay pending appeal, but in order to protect the interests of the respondents, the stay was made conditional upon the applicant depositing the entire decretal sum in court within 30 days. This balances the right of the applicant to pursue the...

Source-derived case information.

Citation
[2025] KEHC 4509 (KLR)
Parties
Applicant: Arbab Trading Company Limited; Respondent: Jael Ikala Mwambingu; Respondent: John Patrick Mapeah
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Miscellaneous Application E012 of 2025
Procedural Posture
Miscellaneous Application / Ruling on Stay Pending Appeal
Outcome
Application for stay pending appeal allowed on condition of deposit of decretal sum.
Judges
AN Ongeri
Legal Topics
Stay of Execution, Appeal Procedure, Security for Decretal Sum
Source Language
en
Civil Procedure Stay of Execution Appeal Procedure Security for Decretal Sum

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Parties

Arbab Trading Company Limited

Applicant

Jael Ikala Mwambingu

Respondent

John Patrick Mapeah

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Stay Pending Appeal

Legal Issues

  1. 1 Whether to grant a stay of execution pending appeal.
  2. 2 Whether to order deposit of the decretal sum as a condition for stay.

Ratio Decidendi

The court found that the applicant had satisfied the requirements for stay pending appeal, but in order to protect the interests of the respondents, the stay was made conditional upon the applicant depositing the entire decretal sum in court within 30 days. This balances the right of the applicant to pursue the appeal without execution being levied, and the right of the respondents to security for the judgment sum.

Court Disposition

Application for stay pending appeal allowed on condition of deposit of decretal sum.

Orders

  • Stay pending appeal granted on condition that the entire decretal sum be deposited in court within 30 days.
  • Mention on 18th June 2025 for purposes of filing of the Record of Appeal and for directions in the appeal.