[2019] KEHC 333 (KLR)

[2019] KEHC 333 (KLR)

The court found that the interests of justice would be served by granting a stay of execution on condition that the appellant deposits Kshs 800,000 in a joint interest earning account in a bank agreed upon by the parties within 14 days. This condition ensures that the respondent's interests are secured while...

Source-derived case information.

Citation
[2019] KEHC 333 (KLR)
Parties
Appellant: Consolidated Bank of Kenya; Respondent: Caroline Gacheri; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Meru
Jurisdiction
Kenya
Case Number
Civil Appeal 124 of 2019
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Application for stay of execution allowed on condition of deposit of security.
Legal Topics
Stay of Execution, Security for Due Performance, Appeals Process
Source Language
en
Civil Procedure Stay of Execution Security for Due Performance Appeals Process

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Parties

Consolidated Bank of Kenya

Appellant

Caroline Gacheri

Respondent

The Attorney General

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to a stay of execution of the decree pending appeal.
  2. 2 What conditions should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that the interests of justice would be served by granting a stay of execution on condition that the appellant deposits Kshs 800,000 in a joint interest earning account in a bank agreed upon by the parties within 14 days. This condition ensures that the respondent's interests are secured while preserving the appellant's right of appeal. The court exercised its discretion under Order 42 Rule 6 of the Civil Procedure Rules, considering both the risk of substantial loss to the appellant and the need to provide security for the due performance of the decree. The application for stay was therefore allowed on these terms, with costs awarded to the respondent.

Court Disposition

Application for stay of execution allowed on condition of deposit of security.

Orders

  • Appellant to deposit Kshs 800,000 in a joint interest earning account in a bank agreed by the parties within 14 days pending hearing and determination of the appeal.
  • Costs of the application to be borne by the applicant.