[2025] KEHC 4987 (KLR)

[2025] KEHC 4987 (KLR)

The court found that the applicant had demonstrated substantial loss would result if execution proceeded, as his income was insufficient to settle the decretal sum and the respondent had not shown ability to refund the amount if the appeal succeeded. The application was filed without unreasonable delay. However, the...

Source-derived case information.

Citation
[2025] KEHC 4987 (KLR)
Parties
Appellant: Joseph Okiring Barasa; Respondent: Grace Naliaka Nambale
Court
High Court
Court Station
High Court at Kakamega
Jurisdiction
Kenya
Judgment Date
23 April 2025
Case Number
Civil Appeal E134 of 2024
Procedural Posture
Civil Appeal / Stay Application Ruling
Outcome
stay_of_execution_granted_on_condition_of_security
Judges
S Mbungi
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Money Decree, Appeal Process
Source Language
english
Civil Procedure Stay of Execution Security for Due Performance Substantial Loss Money Decree Appeal Process

Source-derived case record

Summary, issues, holding and outcome

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Parties

Joseph Okiring Barasa

Appellant

Grace Naliaka Nambale

Respondent

Procedural Posture

Civil Appeal / Stay Application Ruling

Legal Issues

  1. 1 Whether the applicant has met the threshold for grant of stay of execution pending appeal.
  2. 2 Whether the applicant will suffer substantial loss if stay is not granted.
  3. 3 Whether the application was filed without unreasonable delay.

Ratio Decidendi

The court found that the applicant had demonstrated substantial loss would result if execution proceeded, as his income was insufficient to settle the decretal sum and the respondent had not shown ability to refund the amount if the appeal succeeded. The application was filed without unreasonable delay. However, the court held that a motor vehicle logbook was not satisfactory security for a money decree due to risks of depreciation and lack of control. Therefore, the court exercised its discretion to grant a stay of execution on condition that the applicant deposits Kshs. 300,000 as security in a joint interest-earning account in the names of the parties' advocates within 90 days, failing...

Court Disposition

stay_of_execution_granted_on_condition_of_security

Orders

  • Stay of execution of the decree granted on condition that the appellant deposits Kshs. 300,000 as security in a joint interest-earning account in the names of the advocates for both parties within 90 days.
  • If the condition is not met within 90 days, the application shall be deemed dismissed with costs and the respondent shall be at liberty to execute.