[2025] KEHC 8311 (KLR)

[2025] KEHC 8311 (KLR)

The court found that while the applicant has a constitutional right to appeal, this right must be balanced against the respondent's right to enjoy the fruits of judgment without undue delay. The applicant's conduct in the trial court was less than diligent, but the court recognized the need to preserve the subject...

Source-derived case information.

Citation
[2025] KEHC 8311 (KLR)
Parties
Applicant: CNG; Respondent: KKN
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
13 June 2025
Case Number
Civil Suit 14 of 2018
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Conditional stay of execution granted for 14 days to allow applicant to seek stay in the Court of Appeal; each party to bear its own costs.
Judges
PM Nyaundi
Legal Topics
Stay of Execution, Matrimonial Property, Appeal Rights, Judicial Discretion
Source Language
english
Family and Children Civil Procedure Stay of Execution Matrimonial Property Appeal Rights Judicial Discretion

Source-derived case record

Summary, issues, holding and outcome

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Parties

CNG

Applicant

KKN

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal.
  2. 2 Whether substantial loss may result to the applicant if stay is not granted.
  3. 3 Whether the application for stay was made without unreasonable delay.

Ratio Decidendi

The court found that while the applicant has a constitutional right to appeal, this right must be balanced against the respondent's right to enjoy the fruits of judgment without undue delay. The applicant's conduct in the trial court was less than diligent, but the court recognized the need to preserve the subject matter pending appeal. The court exercised its discretion to grant a conditional stay of execution, limited to a 14-day period within which the applicant must lodge an application for stay before the Court of Appeal. Failure to do so would result in the lapse of the stay. This approach incentivizes prompt action by the applicant while safeguarding the respondent's interests, in...

Court Disposition

Conditional stay of execution granted for 14 days to allow applicant to seek stay in the Court of Appeal; each party to bear its own costs.

Orders

  • Stay of execution of the judgment dated 21st November 2024 is granted for 14 days to allow the applicant to lodge an application for stay in the Court of Appeal.
  • If the applicant fails to lodge the application within 14 days, the stay will lapse.