[2024] KEHC 473 (KLR)

Parties

Procedural Posture

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

Legal Issues

1. 1 Whether the applicant is entitled to a stay of execution of the decree pending appeal.
2. 2 Whether the applicant has satisfied the requirements for grant of stay under Order 42 Rule 6 of the Civil Procedure Rules.
3. 3 Whether security for due performance of the decree has been adequately offered.

Ratio Decidendi

The court found that the applicant had satisfied the requirements for stay of execution under Order 42 Rule 6 of the Civil Procedure Rules. The applicant demonstrated willingness to provide security by depositing the decretal sum in a joint interest earning account and raised arguable issues in the memorandum of appeal. The respondent did not file a substantive response opposing the application, only submissions. The court was persuaded that, in the absence of opposition and given the applicant's readiness to secure the decree, a stay of execution was warranted to preserve the subject matter of the appeal and prevent the appeal from being rendered nugatory.

Court Disposition

Application for stay of execution pending appeal allowed.

Orders

• Stay of execution of the judgment and decree in CMCC No. 214 of 2014 granted pending hearing and determination of the appeal.
• Applicant to deposit the decretal sum in a joint interest earning account in the names of the current advocates for the parties within 30 days from the date of the ruling.