[2018] KEHC 6126 (KLR)

[2018] KEHC 6126 (KLR)

The court found that the defendant had not laid any basis for the grant of a stay of execution, as no appeal had been preferred against the judgment. The court further noted that there was no justification for restraining the release of the funds deposited in court, especially since a previous order had already...

Source-derived case information.

Citation
[2018] KEHC 6126 (KLR)
Parties
Plaintiff: Jemima Moraa Sobu; Defendant: Trans-National Bank (K) Ltd
Court
High Court
Court Station
High Court at Kisii
Jurisdiction
Kenya
Case Number
Civil Case 378 of 1997
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution
Outcome
application dismissed with costs
Judges
DAS Majanja
Legal Topics
Stay of Execution, Security for Judgment, Release of Funds
Source Language
en
Civil Procedure Stay of Execution Security for Judgment Release of Funds

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jemima Moraa Sobu

Plaintiff

Trans-National Bank (K) Ltd

Defendant

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether the defendant is entitled to a stay of execution of the judgment entered against it.
  2. 2 Whether the court should restrain the release of Ksh. 501,500 deposited in court to the plaintiff.

Ratio Decidendi

The court found that the defendant had not laid any basis for the grant of a stay of execution, as no appeal had been preferred against the judgment. The court further noted that there was no justification for restraining the release of the funds deposited in court, especially since a previous order had already directed their release to the plaintiff's advocates. The court emphasized that the plaintiff was entitled to enjoy the fruits of her judgment and that the defendant's application lacked merit. Consequently, the application for stay was dismissed with costs to the plaintiff.

Court Disposition

application dismissed with costs

Orders

  • The Notice of Motion dated 21st May 2018 is dismissed with costs.
  • The plaintiff is entitled to the release of Ksh. 501,500 deposited in court as previously ordered.