[2022] KEHC 17195 (KLR)
The court found that the applicant had undertaken to deposit security for the decretal sum and, in the interests of justice and to preserve the subject matter of the appeal, it was appropriate to grant a stay of execution on condition that the decretal sums be deposited in a joint interest earning account held by...
Source-derived case information.
- Citation
- [2022] KEHC 17195 (KLR)
- Parties
- Appellant: Kenya Orient Insurance Limited; Respondent: Felistus Evah Kijala (Suing as the Administrator of the Estate of Jackshan Mwawango Disii - Deceased)
- Court
- High Court
- Court Station
- High Court at Voi
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E015 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted on condition of deposit of decretal sum in joint account.
- Judges
- A. Ong’injo
- Legal Topics
- Stay of Execution, Security for Decretal Sum, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Orient Insurance Limited
Appellant
Felistus Evah Kijala (Suing as the Administrator of the Estate of Jackshan Mwawango Disii - Deceased)
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the ex parte judgment pending appeal.
- 2 Whether security for the decretal sum should be ordered as a condition for stay.
Ratio Decidendi
The court found that the applicant had undertaken to deposit security for the decretal sum and, in the interests of justice and to preserve the subject matter of the appeal, it was appropriate to grant a stay of execution on condition that the decretal sums be deposited in a joint interest earning account held by the advocates for both parties within 21 days. The court also directed the Deputy Registrar to ensure the lower court records are availed to facilitate the expeditious hearing and determination of the appeal.
Court Disposition
Stay of execution granted on condition of deposit of decretal sum in joint account.
Orders
- The applicant and respondent's advocates to open a joint interest earning account and deposit the decretal sums within 21 days from the date of the ruling.
- Deputy Registrar to ensure lower court records are availed for the appeal.
Full Case Text
Judgment text and source record
22 paragraphs
Kenya Orient Insurance Limited v Kijala (Suing as the Administrator of the Estate of Jackshan Mwawango Disii - Deceased) (Civil Appeal E015 of 2022) [2022] KEHC 17195 (KLR) (3 August 2022) (Ruling)
Neutral citation: [2022] KEHC 17195 (KLR)
Republic of Kenya
In the High Court at Voi
Civil Appeal E015 of 2022
A. Ong’injo, J
August 3, 2022
Between
Kenya Orient Insurance Limited
Appellant
and
Felistus Evah Kijala
Respondent
Suing as the Administrator of the Estate of Jackshan Mwawango Disii - Deceased
(Being an appeal from the ruling of the Principal Magistrate Hon. C.K. Kithinji in Voi CMCC No. E116 of 2021 delivered on 28th March 2022)
Ruling
1. Application dated April 1, 2022 is brought pursuant to sections 1A, 1B and 3A of the Civil Procedure Act and order 42 rule 6 and order 9 rule 10 of the Civil Procedure Rules seeking orders of stay of execution ofexparte judgment issued in Voi CMCC No E116 of 2021 (declaratory suit) pending the hearing and determination of appeal herein).
2. The application was supported by the grounds on the face of the application as well as the affidavit of Amin Said Ameen sworn on April 1, 2022. This application was opposed and submissions were ordered to be filed to dispose of the application.
3. This court has considered the application the replying affidavit and the submissions by respective parties and based particularly on the applicants undertaking to deposit security this court hereby orders that the applicant and respondents advocates to open a joint interest earning account into which the decretal sums should be deposited within 21 days from the date of this ruling.
4. In the meantime the Deputy Registrar to ensure that records from the lower court are availed to ensure the appeal is processed for hearing and determination.
5. Mention on September 13, 2022.
Dated, signed and delivered atMombasa in open court/online by MS TEAMS,this 3rd day of August 2022HON. LADY JUSTICE A. ONG’INJOJUDGEIn the presence of:-Ogwel- Court Assistant…………………. Advocate for Respondent………………… Advocate for Applicant/AppellantHon. Lady Justice A. Ong’injoJudge