[2024] KEHC 9026 (KLR)

Parties

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

1. 1 Whether the applicant is entitled to a stay of execution of the judgment/decree pending appeal.
2. 2 Whether the application for stay was filed without unreasonable delay.
3. 3 Whether the applicant will suffer substantial loss if stay is not granted.

Ratio Decidendi

The court found that the application for stay of execution was filed without unreasonable delay following the delivery of judgment and the filing of the appeal. The court held that the applicant would suffer substantial loss if the decretal sum is paid out and the appeal subsequently succeeds, as recovery from the respondent may not be guaranteed. The court determined that stay of execution is justified but should be conditional upon the applicant paying part of the decretal amount (Kshs. 80,000) to the respondent as adequate security, rather than a bank guarantee. Failure to comply with this condition within 45 days would result in the lapse of the stay orders. Costs of the application...

Court Disposition

Application for stay of execution allowed with conditions.

Orders

• Stay of execution of judgment or decree granted pending determination of appeal.
• Stay is subject to applicant paying respondent Kshs. 80,000 through counsel within 45 days from the date of ruling.