[2025] KEHC 9811 (KLR)

[2025] KEHC 9811 (KLR)

The court held that the appellant is entitled to a stay of execution of the decree and stay of proceedings at the trial court to preserve the status quo and ensure access to appellate justice. However, this entitlement is conditional upon the appellant depositing the entire decretal amount in court within thirty days as security for due performance. This balances the interests of both parties: the decree-holder is assured that the decretal sum is secured, while the appellant is protected from execution before the appeal is heard. Failure to deposit the amount within the stipulated period will result in the lapse of the stay orders. The court also directed administrative steps to expedite...

Citation
[2025] KEHC 9811 (KLR)
Parties
Appellant: Richard Eyani; Respondent: Fidelis Opeto Alias Kofi
Court
High Court
Court Station
High Court at Busia
Jurisdiction
Kenya
Judgment Date
4 July 2025
Case Number
Civil Appeal E040 of 2024
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution and Stay of Proceedings Pending Appeal
Outcome
Conditional stay of execution and stay of proceedings granted, subject to deposit of decretal amount in court within thirty days.
Judges
WM Musyoka
Legal Topics
Stay of Execution, Security for Costs, Appeals Process, Access to Justice
Source Language
English
Civil Procedure Stay of Execution Security for Costs Appeals Process Access to Justice

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Richard Eyani

Appellant

Fidelis Opeto Alias Kofi

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution and Stay of Proceedings Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to a stay of execution of the decree pending appeal.
  2. 2 Whether the appellant should be granted a stay of proceedings in the trial court.
  3. 3 Whether security for due performance of the decree should be ordered as a condition for stay.

Ratio Decidendi

The court held that the appellant is entitled to a stay of execution of the decree and stay of proceedings at the trial court to preserve the status quo and ensure access to appellate justice. However, this entitlement is conditional upon the appellant depositing the entire decretal amount in court within thirty days as security for due performance. This balances the interests of both parties: the decree-holder is assured that the decretal sum is secured, while the appellant is protected from execution before the appeal is heard. Failure to deposit the amount within the stipulated period will result in the lapse of the stay orders. The court also directed administrative steps to expedite...

Court Disposition

Conditional stay of execution and stay of proceedings granted, subject to deposit of decretal amount in court within thirty days.

Orders

  • Stay of execution of the decree in Malaba SCCC No. E10 of 2024 granted, conditional upon the appellant depositing the entire decretal amount in court within thirty days.
  • Stay of proceedings at the trial court granted, subject to the same condition.