[2002] KEHC 1240 (KLR)
The court found that the risk of the appellants being committed to civil jail for failure to pay a civil debt constitutes substantial loss. Therefore, this is a proper case for the grant of a stay of execution pending the hearing and determination of the appeal. The stay is granted on condition that the appellants...
Source-derived case information.
- Citation
- [2002] KEHC 1240 (KLR)
- Parties
- Appellant: Geoffrey Gitau Gathanua & Another; Respondent: Kimbla Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 161 of 2002
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution pending appeal allowed on condition.
- Legal Topics
- Stay of Execution, Substantial Loss, Security for Stay
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Gitau Gathanua & Another
Appellant
Kimbla Kenya Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellants have demonstrated substantial loss if stay of execution is not granted.
- 2 Whether the court should grant a stay of execution pending appeal and on what conditions.
Ratio Decidendi
The court found that the risk of the appellants being committed to civil jail for failure to pay a civil debt constitutes substantial loss. Therefore, this is a proper case for the grant of a stay of execution pending the hearing and determination of the appeal. The stay is granted on condition that the appellants deposit into court logbooks of motor vehicles certified by the Registrar of Motor Vehicles to belong to them within 15 days, failing which the order lapses and execution may proceed.
Court Disposition
Application for stay of execution pending appeal allowed on condition.
Orders
- Stay of execution pending appeal granted on condition that the appellants deposit into court logbooks of motor vehicles certified by the Registrar of Motor Vehicles to belong to them within 15 days from the date of the ruling, failing which the order lapses and execution to proceed.
- Costs of the application assessed at Kshs.4,000 to be paid to the respondent.
Full Case Text
Judgment text and source record
8 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIAPPELLATE SIDECIVIL APPEAL NO. 161 OF 2002
(From the original Civil Suit EJ.559 of 1996) GEOFFREY GITAU GATHANUA & ANR. ……………..APPELLANT
VERSUS
KIMBLA KENYA LIMITED ……………………………….RESPONDENT R U L I N G
When indications in a litigation like the present one point at the likelihood of the issuance of a notice to show cause why a litigant should not be sent to civil jail for failure to pay a civil debt, then I do not know how to call loss of his/their liberty through this kind of action if not to constitute it substantial loss.
In consideration of this then it goes without saying that this would be a proper case where an order of stay of execution pending the hearing and determination of appeal should be issued and I do herein issue the order sought in the application dated 15th April 2002 on condition that the applicant deposits into court logbooks of motor vehicles certified by the Registrar of motor vehicles to belong to him within 15 days from today failing which this order to lapse and execution to proceed.
Costs of this application assessed at Kshs.4,000/= to be paid to the respondent. Delivered this 22nd day of July, 2002. D.K.S. AGANYANYA JUDGE