[2015] KECA 32 (KLR)
The Court of Appeal allowed the application for stay of execution by consent of the parties, on condition that the applicants deposit half of the decretal sum in an interest-earning joint account in the names of the parties' advocates within thirty days. The court exercised its discretion to grant stay, balancing...
Source-derived case information.
- Citation
- [2015] KECA 32 (KLR)
- Parties
- Applicant: Everline Kerubo Makini; Applicant: Charles Moseti Onchiri; Respondent: James Mayaka Mong'are
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Application 13 of 2015
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Application allowed by consent, subject to conditions.
- Judges
- SG Kairu
- Legal Topics
- Stay of Execution, Appeals Process, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Everline Kerubo Makini
Applicant
Charles Moseti Onchiri
Applicant
James Mayaka Mong'are
Respondent
Procedural Posture
Stay Application / Application for 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 of Appeal allowed the application for stay of execution by consent of the parties, on condition that the applicants deposit half of the decretal sum in an interest-earning joint account in the names of the parties' advocates within thirty days. The court exercised its discretion to grant stay, balancing the applicants' right to appeal and the respondent's interest in securing the decretal sum. The order for security was deemed sufficient to protect both parties pending the determination of the intended appeal.
Court Disposition
Application allowed by consent, subject to conditions.
Orders
- The applicant to deposit half of the decretal sum, that is KES 102,500, in an interest earning account in the joint names of the parties' advocates within thirty days.
- The applicant to file the appeal as soon as possible and fast track its hearing.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: MARAGA, GATEMBU & MURGOR JJ.A)
CIVIL APPLICATION NO. 13 OF 2015 (UR 9/2015)
BETWEEN
EVERLINE KERUBO MAKINI ..........................1ST APPPLICANT
CHARLES MOSETI ONCHIRI ........................ 2ND APPLICANT
AND
JAMES MAYAKA MONG'ARE........................... RESPONDENT
(An Application for stay of execution of a Judgment of the High Court of
Kenya at Kisii, (Sitati, J.) dated 27th February, 2015
in
H.C.C. No. 03 OF 2011)
*******************
ORDER OF THE COURT
By consent of the parties, this application is hereby allowed on the following term:
1. The applicant to deposit half of the decretal sum, that is Kes. l 02,500/=, in an interest earning account in the joint names of the parties' Advocates within thirty days.
2. The Applicant to file the appeal as soon as possible and fast track its hearing.
3. Costs of this application to abide the outcome of the intended appeal.
DATED this 28th April, 2015.
D.K.MARAGA
...........................
JUDGE OF APPEAL
S. GATEMBU KAIRU
......................
JUDGE OF APPEAL
A.K.MURGOR
.............................
JUDGE OF APPEAL
I certify that this is a true copyof the original.
DEPUTY REGISTRAR