[2021] KEHC 1288 (KLR)
The court found that the decretal sums were modest and, in balancing the interests of both parties, determined that the appropriate security would be the deposit of the entire decretal sum into an interest-earning account in the joint names of the parties' advocates within 45 days. This approach secures the...
Source-derived case information.
- Citation
- [2021] KEHC 1288 (KLR)
- Parties
- Applicant: Eliud Njuguna Mungai; Applicant: Joseph Kihiu Mburu; Respondent: Patrick Gatitu Mutahi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E662 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Stay of Execution Pending Appeal
- Outcome
- Stay of execution pending appeal granted on condition of security.
- Judges
- CW Meoli
- Legal Topics
- Stay of Execution, Security for Decretal Sum, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eliud Njuguna Mungai
Applicant
Joseph Kihiu Mburu
Applicant
Patrick Gatitu Mutahi
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether stay of execution pending appeal should be granted and on what terms regarding security for the decretal sum.
Ratio Decidendi
The court found that the decretal sums were modest and, in balancing the interests of both parties, determined that the appropriate security would be the deposit of the entire decretal sum into an interest-earning account in the joint names of the parties' advocates within 45 days. This approach secures the respondent's interests while preserving the applicants' right of appeal, in line with established principles on stay of execution pending appeal.
Court Disposition
Stay of execution pending appeal granted on condition of security.
Orders
- Applicants to deposit the entire decretal sum of KES 184,643 into an interest-earning account in the joint names of the parties' advocates within 45 days.
- Parties are at liberty to apply.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI
CIVIL APPEAL NO. E662 OF 2021
ELIUD NJUGUNA MUNGAI.........................................................1ST APPLICANT
JOSEPH KIHIU MBURU...............................................................2ND APPLICANT
VERSUS
PATRICK GATITU MUTAHI..........................................................RESPONDENT
RULING
1. The parties herein agreed on 17. 11. 2021 that stay execution pending appeal be granted but asked the court to determine the matter of security, based on their submissions. They have now filed submissions which this court has considered. While the Applicants offer a bank guarantee, the Respondent proposes that 2/3 of the decretal sum of Sh. 184,643/- be paid upfront to him and the balance be deposited into a joint fixed deposit account.
2. The court has considered the applicable principles as enunciated in Kenya Shell V Kibiru & Another (1986) KLR 410 and Nduhiu Gitahi & Another v Anna Wambui Warugongo (1988) 2 KLR 100, and the decree in the lower court. The decretal sums are modest and in balancing the interests of the parties, the court directs that the conditions for stay of execution pending appeal will be that the Applicants deposits the entire decretal sum into an interest earning account in the joint names of the parties’ advocates within 45 days of today’s date. Parties are at liberty to apply.
DELIVERED AND SIGNED ELECTRONICALLY ON THIS 14TH DAY OF DECEMBER 2021
C. MEOLI
JUDGE
In the presence of:
Mr Nyabuto for the Applicants
Respondent: N/A
C/A: Carol