[2014] KEHC 4732 (KLR)
The court found that since the appellant did not oppose the respondent's application for security for the decretal sum, and in line with the principles governing stay of execution pending appeal, it was appropriate to order the appellant to provide Kshs. 3,026,000 as security. The amount is to be deposited in a...
Source-derived case information.
- Citation
- [2014] KEHC 4732 (KLR)
- Parties
- Appellant: Jarine Investment Limited; Respondent: Mitchell Cotts Freight (K) Ltd
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 48 of 2014
- Procedural Posture
- Civil Appeal / Ruling on Notice of Motion for Stay of Execution Pending Appeal
- Outcome
- Application for security for stay of execution allowed; conditional stay granted.
- Judges
- MM Kasango
- Legal Topics
- Stay of Execution, Security for Judgment, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jarine Investment Limited
Appellant
Mitchell Cotts Freight (K) Ltd
Respondent
Procedural Posture
Civil Appeal / Ruling on Notice of Motion for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant should provide security for the decretal sum as a condition for stay of execution pending appeal.
- 2 Whether the stay of execution should be lifted if the appellant fails to comply with the court's conditions.
Ratio Decidendi
The court found that since the appellant did not oppose the respondent's application for security for the decretal sum, and in line with the principles governing stay of execution pending appeal, it was appropriate to order the appellant to provide Kshs. 3,026,000 as security. The amount is to be deposited in a joint account of both advocates within fourteen days. Failure to comply would result in the automatic lifting of the stay of execution. The respondent was also awarded the costs of the application. The court's decision was guided by the need to balance the interests of both parties and to ensure that the appeal process is not rendered nugatory while also safeguarding the...
Court Disposition
Application for security for stay of execution allowed; conditional stay granted.
Orders
- The appellant shall provide Kshs. 3,026,000 to be banked in a joint account of both advocates until further orders of the court.
- If the appellant does not provide the said amount within fourteen days, the stay of execution of the judgment in CMCC Mombasa No. 1170 of 2013 shall automatically be lifted and set aside.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MOMBASA
CIVIL APPEAL NO. 48 OF 2014
JARINE INVESTMENT LIMITED ......................................................APPELLANT
-V E R S U S-
MITCHELL COTTS FREIGHT (K) LTD ......................................... RESPONDENT
(Being an appeal from the Ruling made and or Orders by the Honourable S. K. Gacheru, Principal Magistrate made on 14th day of March 2014 in Mombasa Chief Magistrate’s Court Civil Case No. 1170 of 2013)
RULING
The Notice of Motion dated 12th May 2014 was unopposed by the Appellant, though served with a Hearing Notice.
Having considered the said application the orders that commend themselves to me are as follows-
The Appellant shall provide Kshs. 3,026,000/- which amount shall be banked in a joint account of both Advocates until further orders of the Court.
If Appellant does not provide said amount within fourteen (14) days from today’s date the stay of execution of the judgment in CMCC Mombasa No. 1170 of 2013 shall automatically be lifted and be set aside.
The Respondent is awarded costs of Notice of Motion dated 12th May, 2014.
Orders accordingly.
DATED and DELIVERED at MOMBASA this 21ST day of MAY, 2014.
MARY KASANGO
JUDGE