[2025] KEHC 3766 (KLR)

[2025] KEHC 3766 (KLR)

The court found that the applicant had satisfied the requirements for grant of stay of execution pending appeal by demonstrating willingness to provide security and by making the application without unreasonable delay. To balance the interests of both parties, the court ordered that half the decretal sum be...

Source-derived case information.

Citation
[2025] KEHC 3766 (KLR)
Parties
Applicant: Dreamline Express Limited; Respondent: Grace Dinah Moraa
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Miscellaneous Civil Case E057 of 2024
Procedural Posture
Miscellaneous Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
application allowed with conditions
Judges
AN Ongeri
Legal Topics
Stay of Execution, Security for Decretal Sum, Appeal Process
Source Language
en
Civil Procedure Stay of Execution Security for Decretal Sum Appeal Process

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Summary, issues, holding and outcome

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Parties

Dreamline Express Limited

Applicant

Grace Dinah Moraa

Respondent

Procedural Posture

Miscellaneous Application / Ruling on Application for 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, if any, should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that the applicant had satisfied the requirements for grant of stay of execution pending appeal by demonstrating willingness to provide security and by making the application without unreasonable delay. To balance the interests of both parties, the court ordered that half the decretal sum be deposited in court within 45 days as a condition for stay. The stay of execution was granted on this condition, ensuring that the respondent's interests are safeguarded while preserving the applicant's right of appeal.

Court Disposition

application allowed with conditions

Orders

  • Half the decretal sum to be deposited in court within 45 days of the ruling date.
  • Stay of execution pending appeal is granted upon compliance with the deposit condition.