Kenya Medical Properties Limited v Akasa (Civil Appeal 6 of 2023) [2026] KEHC 4718 (KLR) (Civ) (13 April 2026) (Ruling)
Stay of execution granted as adequate security was provided and right of appeal is constitutional.
Source-derived case information.
- Citation
- [2026] KEHC 4718 (KLR)
- Parties
- Appellant: Kenya Medical Properties Limited; Respondent: Maurice Philemon Akasa
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 6 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Stay of Execution Application
- Outcome
- application allowed
- Legal Topics
- Stay of Execution, Appeal, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Medical Properties Limited
Appellant
Maurice Philemon Akasa
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Application
Legal Issues
- 1 whether stay of execution should be granted pending appeal
Ratio Decidendi
Stay of execution granted as adequate security was provided and right of appeal is constitutional.
Court Disposition
application allowed
Orders
- stay of execution granted
- each party to bear own costs
Full Case Text
Judgment text and source record
1 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA NAIROBI CIVIL APPELLATE DIVISION HCCA 6 OF 2023 KENYA MEDICAL PROPERTIES LIMITED……………. APPELLANT MAURICE PHILEMON AKASA ….……….…………….. RESPONDENT VERSUS RULING 1. This is an application for stay of execution which was filed on time with a bank guarantee for Ksh 2 447078. The right of an appeal is constitutional and so along as there is adequate security, courts rarely deny parties right of stay of execution. 2. The application is allowed. Each party to bear own costs DATED, SIGNED AND DELIVERED VIRTUALLY ON THIS 13TH DAY OF APRIL 2026. L P KASSAN JUDGE