[2024] KEHC 5342 (KLR)

[2024] KEHC 5342 (KLR)

The court granted a conditional stay of execution pending appeal, requiring the applicant to pay half of the decretal sum to the decree holder within 30 days and to deposit the remaining half in a joint interest earning account in the names of both counsels. This approach balances the applicant's right to pursue the...

Source-derived case information.

Citation
[2024] KEHC 5342 (KLR)
Parties
Applicant: Davis and Shirtlife; Respondent: Anastacia Velesi Malonza; Respondent: Meshack Kilonzo Malonza
Court
High Court
Court Station
High Court at Kitui
Jurisdiction
Kenya
Case Number
Civil Appeal E021 of 2024
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Conditional stay of execution granted pending appeal.
Judges
RK Limo
Legal Topics
Stay of Execution, Security for Costs, Appeal Procedure
Source Language
en
Civil Procedure Stay of Execution Security for Costs Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Davis and Shirtlife

Applicant

Anastacia Velesi Malonza

Respondent

Meshack Kilonzo Malonza

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

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

Ratio Decidendi

The court granted a conditional stay of execution pending appeal, requiring the applicant to pay half of the decretal sum to the decree holder within 30 days and to deposit the remaining half in a joint interest earning account in the names of both counsels. This approach balances the applicant's right to pursue the appeal without the risk of execution rendering it nugatory, while also safeguarding the respondents' entitlement to the judgment sum. The court further directed that other terms shall be as in the related matter E020 of 2024.

Court Disposition

Conditional stay of execution granted pending appeal.

Orders

  • The applicant shall pay the decree holder half of the decretal sum of Kshs. 987,752 within 30 days from the date of the ruling.
  • The applicant shall deposit the other half of the decretal sum in a joint interest earning account in the names of both counsels on record.