Chiri v Mumbi (Civil Appeal E266 of 2025) [2025] KEHC 18630 (KLR) (18 December 2025) (Ruling)

Chiri v Mumbi (Civil Appeal E266 of 2025) [2025] KEHC 18630 (KLR) (18 December 2025) (Ruling)

The appellant/applicant satisfied the conditions for stay of execution pending appeal by filing the application without delay, demonstrating potential substantial loss, and depositing security as directed by the court. The court exercised its discretion to grant stay to preserve the substratum of the appeal and balance the interests of both parties.

Citation
[2025] KEHC 18630 (KLR)
Parties
Appellant/applicant: Meshack Kariuki Chiri; Respondent: Elijah Kariuki Mumbi
Court
High Court
Jurisdiction
Kenya
Judgment Date
18 December 2025
Case Number
Civil Appeal E266 of 2025
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application allowed
Legal Topics
Stay of Execution, Appeals, Security for Due Performance, Costs
Source Language
English
Civil Procedure Stay of Execution Appeals Security for Due Performance Costs

Case Brief

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Parties

Meshack Kariuki Chiri

Appellant/applicant

Elijah Kariuki Mumbi

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant/applicant has satisfied the grounds for issuance of stay of execution pending appeal

Ratio Decidendi

The appellant/applicant satisfied the conditions for stay of execution pending appeal by filing the application without delay, demonstrating potential substantial loss, and depositing security as directed by the court. The court exercised its discretion to grant stay to preserve the substratum of the appeal and balance the interests of both parties.

Court Disposition

application allowed

Orders

  • Stay of execution of the judgment delivered on 25th September 2025 granted with the deposit in court as security.
  • The appellant/applicant to prosecute the appeal within twelve (12) months from the date of this ruling, failing which the stay orders shall lapse.