[2024] KEHC 5218 (KLR)
The court found that it was just and fair to grant a stay of execution of the decree in Mwingi CM’s court Civil Case No. E025 of 2023 pending the hearing and determination of the appeal, subject to conditions. The appellant was required to pay half of the decretal sum to the decree holder within 30 days and deposit...
Source-derived case information.
- Citation
- [2024] KEHC 5218 (KLR)
- Parties
- Appellant: Davis and Shirtlife; Respondent: Rachael Mutwa Muthangya alias Rachael Mutwa Kaumo; Respondent: Mutambuki Mutunga
- Court
- High Court
- Court Station
- High Court at Kitui
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E020 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted on conditions.
- Judges
- RK Limo
- Legal Topics
- Stay of Execution, Security for Decree, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Davis and Shirtlife
Appellant
Rachael Mutwa Muthangya alias Rachael Mutwa Kaumo
Respondent
Mutambuki Mutunga
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution pending appeal should be granted.
- 2 What conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The court found that it was just and fair to grant a stay of execution of the decree in Mwingi CM’s court Civil Case No. E025 of 2023 pending the hearing and determination of the appeal, subject to conditions. The appellant was required to pay half of the decretal sum to the decree holder within 30 days and deposit the other half in a joint interest-earning account in the names of both counsel within 45 days. Failure to comply with these conditions would entitle the decree holder to execute. The court considered the need to balance the interests of both parties, ensuring the appeal was not rendered nugatory while also protecting the decree holder’s right to enjoy the fruits of judgment.
Court Disposition
Stay of execution granted on conditions.
Orders
- There be a stay of execution in Mwingi CM’s court Civil Case No. E025 of 2023 pending the hearing and determination of the appeal on condition that half the decretal sum is paid to the decree holder within 30 days and the other half is deposited in a joint interest earning account in the names of both counsel within...
- In default of compliance with the above conditions, execution to issue or decree holder be at liberty to execute.
Full Case Text
Judgment text and source record
22 paragraphs
Davis and Shirtlife v Mutwa & another (Suing on Their Own Behalf and as the Administrators of the Estate of the Late John Muthangya Mutunga alias John Muthanja alias John Muthanje Mutunga - Deceased) (Civil Appeal E020 of 2024) [2024] KEHC 5218 (KLR) (16 May 2024) (Ruling)
Neutral citation: [2024] KEHC 5218 (KLR)
Republic of Kenya
In the High Court at Kitui
Civil Appeal E020 of 2024
RK Limo, J
May 16, 2024
Between
Davis and Shirtlife
Appellant
and
Rachael Mutwa Muthangya alias Rachael Mutwa Kaumo
1st Respondent
Mutambuki Mutunga
2nd Respondent
Suing on Their Own Behalf and as the Administrators of the Estate of the Late John Muthangya Mutunga alias John Muthanja alias John Muthanje Mutunga - Deceased
Ruling
This court has interrogated both counsels and has pursed through the application and response and finds it just and fair to make the following orders; 1. There be a Stay of Execution in Mwingi CM’s court Civil Case No. E025 of 2023 pending the hearing and determination of the appeal herein on the following conditions:a.The decree holder be paid half decretal of Kshs. 1,698,660/= within 30 days from today.b.The other half be deposited in a joint interest earning joint account in names of both counsel on record within 45 days from today.
2. In default of any of the above conditions execution to issue or decree holder be at liberty to execute.
3. The Appellant to file Records of Appeal and serve within 45 days from today.
4. Mention on 29/7/2024 for directions on the appeal.
DATED, SIGNED AND DELIVERED AT KITUI THIS 16TH DAY OF MAY, 2024Hon. Justice R. K. LimoJUDGE