[2025] KEHC 4060 (KLR)
The court found that the applicant's suspension from practice and stated financial difficulties constituted sufficient cause to warrant interim stay of execution, pending the hearing of the substantive application for stay and payment by instalments. The court exercised its discretion to grant a conditional stay,...
Source-derived case information.
- Citation
- [2025] KEHC 4060 (KLR)
- Parties
- Applicant: Jedida Wanjiru Kangethe; Respondent: Leonard Njogu Njau
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E440 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Interim Stay of Execution Pending Hearing of Stay Application
- Outcome
- interim stay of execution granted on condition
- Judges
- F Gikonyo
- Legal Topics
- Stay of Execution, Payment by Instalments, Decretal Sum, Sufficient Cause
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Jedida Wanjiru Kangethe
Applicant
Leonard Njogu Njau
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Interim Stay of Execution Pending Hearing of Stay Application
Legal Issues
- 1 Whether the applicant has shown sufficient cause for grant of interim stay of execution of the decree.
- 2 Whether the court should allow payment of the decretal sum in instalments pending hearing of the substantive application.
Ratio Decidendi
The court found that the applicant's suspension from practice and stated financial difficulties constituted sufficient cause to warrant interim stay of execution, pending the hearing of the substantive application for stay and payment by instalments. The court exercised its discretion to grant a conditional stay, requiring the applicant to pay Kshs. 500,000 to the decree-holder within 45 days as a demonstration of bona fides and commitment to satisfy the decree. This approach balances the interests of both parties and preserves the status quo until the substantive application is heard and determined.
Court Disposition
interim stay of execution granted on condition
Orders
- There shall be a stay of execution of the decree pending hearing of the application for stay, on condition that the applicant pays Kshs. 500,000 to the decree-holder within 45 days of the ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Kangethe v Njau (Miscellaneous Application E440 of 2023) [2025] KEHC 4060 (KLR) (Commercial & Admiralty) (27 March 2025) (Ruling)
Neutral citation: [2025] KEHC 4060 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Admiralty
Miscellaneous Application E440 of 2023
F Gikonyo, J
March 27, 2025
Between
Jedida Wanjiru Kangethe
Applicant
and
Leonard Njogu Njau
Respondent
Ruling
Interim stay of execution 1. The applicant has applied for interim measure of relief in form of interim stay of execution of the judgment pending hearing of his application for stay and to liquidate the decretal sum in instalments.
2. The applicant must show sufficient cause for stay of execution of the decree to be granted?
3. His application is towards satisfaction of the decree, which requires an inquiry by the court on whether there is sufficient cause to order payment of the decretal sum in instalments. The applicant’s financial means to pay the decretal sum is also an important consideration.
4. Without determining anything, from the submission by the legal counsel for the judgment-debtor, the J/D has been suspended from practice. Therefore, to give his application an opportunity to be considered by the court, I order that there be a stay of execution of the decree pending the hearing of his application on condition that the applicant pays a sum of Kshs. 500,000 to the D/H within 45 days of today.
DATED, SIGNED AND DELIVERED THROUGH MICROSOFT TEAMS ONLINE APPLICATION THIS 27TH DAY OF MARCH, 2025. .........................F. Gikonyo MJudgeIn the presence of: -1. Jaoko for plaintiff2. Kinyanjui for applicant3. CA - Godfrey