Executive World Limited & another v Metro Enterprises Limited (Civil Appeal E730 of 2025) [2026] KEHC 4744 (KLR) (Civ) (13 April 2026) (Ruling)

Executive World Limited & another v Metro Enterprises Limited (Civil Appeal E730 of 2025) [2026] KEHC 4744 (KLR) (Civ) (13 April 2026) (Ruling)

The amount already deposited is substantial and constitutes a significant percentage of the decretal amount; therefore, it is sufficient security for stay pending appeal.

Citation
[2026] KEHC 4744 (KLR)
Parties
1st Appellant: Executive World Limited; 2nd Appellant: Samuel Mucheru; Respondent: Metro Enterprises Limited
Court
High Court
Jurisdiction
Kenya
Judgment Date
13 April 2026
Case Number
Civil Appeal E730 of 2025
Procedural Posture
Civil Appeal / Ruling on Application for Review of Security for Stay
Outcome
Application for review allowed; stay granted pending appeal upon deposit of Ksh 3,000,000 as sufficient security.
Legal Topics
Stay of Execution, Security for Costs, Review of Court Orders
Source Language
English
Civil Procedure Stay of Execution Security for Costs Review of Court Orders

Case Brief

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Parties

Executive World Limited

1st Appellant

Samuel Mucheru

2nd Appellant

Metro Enterprises Limited

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Review of Security for Stay

Legal Issues

  1. 1 Whether the amount deposited as security is sufficient for stay of execution pending appeal
  2. 2 Whether the court should review its earlier order requiring deposit of the entire decretal amount

Ratio Decidendi

The amount already deposited is substantial and constitutes a significant percentage of the decretal amount; therefore, it is sufficient security for stay pending appeal.

Court Disposition

Application for review allowed; stay granted pending appeal upon deposit of Ksh 3,000,000 as sufficient security.

Orders

  • The amount already deposited is sufficient security.
  • Stay of execution is granted pending determination of the appeal.