[2025] KEHC 3900 (KLR)

[2025] KEHC 3900 (KLR)

The court granted the application for stay of execution as it was unopposed, but imposed a condition that the appellant must deposit the entire decretal sum within 21 days either in court or in an interest earning account in the joint names of counsel for both parties. Failure to comply would result in the automatic...

Source-derived case information.

Citation
[2025] KEHC 3900 (KLR)
Parties
Appellant: Amos Kiptoo Kosgei; Respondent: Stanley Ambura
Court
High Court
Court Station
High Court at Machakos
Jurisdiction
Kenya
Case Number
Civil Appeal E052 of 2025
Procedural Posture
Civil Appeal / Stay of Execution Application Ruling
Outcome
Application for stay of execution granted with conditions.
Judges
EN Maina
Legal Topics
Stay of Execution, Appeals Process, Security for Decretal Sum
Source Language
en
Civil Procedure Stay of Execution Appeals Process Security for Decretal Sum

Source-derived case record

Summary, issues, holding and outcome

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Parties

Amos Kiptoo Kosgei

Appellant

Stanley Ambura

Respondent

Procedural Posture

Civil Appeal / Stay of Execution Application Ruling

Legal Issues

  1. 1 Whether the appellant is entitled to a stay of execution pending appeal.
  2. 2 What conditions should be imposed for the grant of stay of execution.

Ratio Decidendi

The court granted the application for stay of execution as it was unopposed, but imposed a condition that the appellant must deposit the entire decretal sum within 21 days either in court or in an interest earning account in the joint names of counsel for both parties. Failure to comply would result in the automatic lapse of the stay order. This approach balances the interests of both parties and secures the respondent's right to the decretal sum while preserving the appellant's right of appeal.

Court Disposition

Application for stay of execution granted with conditions.

Orders

  • Stay of execution granted on condition that the appellant deposits the entire decretal sum within 21 days in court or in an interest earning account in the joint names of counsel for the parties.
  • In default of deposit within 21 days, the order for stay of execution shall automatically lapse.