[2025] KEHC 8167 (KLR)

[2025] KEHC 8167 (KLR)

The court found that the applicant satisfied the three cumulative conditions for grant of stay of execution pending appeal: (1) The application was filed without unreasonable delay, as it was brought 17 days after the trial court's ruling. (2) The applicant demonstrated substantial loss may result if stay is not granted, since execution had commenced and the respondent did not show ability to refund the decretal sum if the appeal succeeds. (3) The applicant expressed willingness to provide security, and the court emphasized that security is for the court to determine. The court exercised its discretion to grant stay, balancing the right of appeal with the respondent's right to enjoy the...

Citation
[2025] KEHC 8167 (KLR)
Parties
Applicant: Daniel Karanja; Respondent: Margaret Chesang
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Appeal E002 of 2025
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal allowed.
Judges
RN Nyakundi
Legal Topics
Stay of Execution, Appeals Process, Security for Due Performance
Source Language
English
Civil Procedure Stay of Execution Appeals Process Security for Due Performance

Case Brief

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Parties

Daniel Karanja

Applicant

Margaret Chesang

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal.
  2. 2 Whether the application for stay was filed without unreasonable delay.
  3. 3 Whether the applicant will suffer substantial loss if stay is not granted.

Ratio Decidendi

The court found that the applicant satisfied the three cumulative conditions for grant of stay of execution pending appeal: (1) The application was filed without unreasonable delay, as it was brought 17 days after the trial court's ruling. (2) The applicant demonstrated substantial loss may result if stay is not granted, since execution had commenced and the respondent did not show ability to refund the decretal sum if the appeal succeeds. (3) The applicant expressed willingness to provide security, and the court emphasized that security is for the court to determine. The court exercised its discretion to grant stay, balancing the right of appeal with the respondent's right to enjoy the...

Court Disposition

Application for stay of execution pending appeal allowed.

Orders

  • Stay of execution of the judgment/decree in Eldoret SCCOMC No. E769 of 2024 pending hearing and determination of the appeal.
  • The appellant shall file the record of appeal within 21 days and serve the respondent.