[2025] KEHC 9918 (KLR)

[2025] KEHC 9918 (KLR)

The court found that the appellant had satisfied the requirements for the grant of stay of execution pending appeal by demonstrating the risk of substantial loss and offering security for the due performance of the decree. The court exercised its discretion to grant a conditional stay, requiring the appellant to deposit the entire decretal sum in an interest earning account in the joint names of the parties' advocates within 75 days. Failure to comply would entitle the respondents to execute. The court also noted that costs previously awarded to the respondents would remain in force. The file was marked as closed, pending compliance with the orders.

Citation
[2025] KEHC 9918 (KLR)
Parties
Appellant: Mount Elgon Hardware; Respondent: Beatrice Tawa Onyango; Respondent: Lufree Auctioneers
Court
High Court
Court Station
High Court at Bungoma
Jurisdiction
Kenya
Judgment Date
9 July 2025
Case Number
Civil Appeal 12 of 2020
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Application for stay of execution allowed with conditions.
Judges
MS Shariff
Legal Topics
Stay of Execution, Security for Decretal Sum, Appeals Process
Source Language
English
Civil Procedure Stay of Execution Security for Decretal Sum Appeals Process

Case Brief

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Parties

Mount Elgon Hardware

Appellant

Beatrice Tawa Onyango

Respondent

Lufree Auctioneers

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to a stay of execution of the judgment pending appeal.
  2. 2 What conditions should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that the appellant had satisfied the requirements for the grant of stay of execution pending appeal by demonstrating the risk of substantial loss and offering security for the due performance of the decree. The court exercised its discretion to grant a conditional stay, requiring the appellant to deposit the entire decretal sum in an interest earning account in the joint names of the parties' advocates within 75 days. Failure to comply would entitle the respondents to execute. The court also noted that costs previously awarded to the respondents would remain in force. The file was marked as closed, pending compliance with the orders.

Court Disposition

Application for stay of execution allowed with conditions.

Orders

  • An order of stay of execution is granted against the judgment delivered on 20.12.2019 in Bungoma CMCC No. 908 of 2010 until the appeal in the Court of Appeal is heard and determined.
  • The entire decretal sum of Ksh. 1,318,257.99 shall be deposited in an interest earning account in the joint names of the parties’ advocates with a reputable bank within 75 days from the date hereof.