[2025] KEHC 5767 (KLR)

[2025] KEHC 5767 (KLR)

The court found that the appellant satisfied the requirements for stay of execution pending appeal by filing the application without unreasonable delay and expressing willingness to provide security for costs. However, the appellant failed to demonstrate, on a balance of probabilities, that the respondent would be unable to refund the decretal sum if the appeal succeeded, as neither party disclosed their financial position. Exercising its discretion, the court granted a conditional stay of execution, requiring the appellant to deposit the entire decretal sum into court within 30 days, failing which the stay would lapse. The court emphasized the need to balance the interests of both...

Citation
[2025] KEHC 5767 (KLR)
Parties
Appellant: Cecila Chepkoech Kemboi; Respondent: Leonard Wachira Njagi
Court
High Court
Court Station
High Court at Nakuru
Jurisdiction
Kenya
Judgment Date
7 May 2025
Case Number
Civil Appeal E010 of 2025
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal allowed on condition.
Judges
JM Nang'ea
Legal Topics
Stay of Execution, Substantial Loss, Security for Costs, Discretionary Powers, Appeal Procedure
Source Language
English
Civil Procedure Stay of Execution Substantial Loss Security for Costs Discretionary Powers Appeal Procedure

Case Brief

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Parties

Cecila Chepkoech Kemboi

Appellant

Leonard Wachira Njagi

Respondent

Procedural Posture

Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the appellant has satisfied the conditions for grant of stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules 2010.
  2. 2 Whether the appellant has demonstrated substantial loss if stay is not granted.
  3. 3 Whether security for due performance of the decree has been offered.

Ratio Decidendi

The court found that the appellant satisfied the requirements for stay of execution pending appeal by filing the application without unreasonable delay and expressing willingness to provide security for costs. However, the appellant failed to demonstrate, on a balance of probabilities, that the respondent would be unable to refund the decretal sum if the appeal succeeded, as neither party disclosed their financial position. Exercising its discretion, the court granted a conditional stay of execution, requiring the appellant to deposit the entire decretal sum into court within 30 days, failing which the stay would lapse. The court emphasized the need to balance the interests of both...

Court Disposition

Application for stay of execution pending appeal allowed on condition.

Orders

  • Stay of execution is ordered on condition that the appellant deposits the entire decretal sum into court within 30 days from the date hereof, failing which the order shall lapse and the respondent may levy execution.
  • Costs of the application shall abide the outcome of the appeal.