[2024] KEHC 3329 (KLR)
The court found that the appellant had satisfied the requirements for grant of stay of execution pending appeal by demonstrating willingness to provide security and that the application was made timeously. The court balanced the interests of both parties by ordering a conditional stay, requiring the appellant to...
Source-derived case information.
- Citation
- [2024] KEHC 3329 (KLR)
- Parties
- Appellant: P. L. O. Lumumba; Respondent: Shajanand Holdings Limited
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 121 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- Application for stay of execution allowed on condition of security for the decretal sum and timely filing of the record of appeal.
- Judges
- MS Shariff
- Legal Topics
- Stay of Execution, Appeals Process, Security for Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
P. L. O. Lumumba
Appellant
Shajanand Holdings Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the judgment pending appeal.
- 2 What conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The court found that the appellant had satisfied the requirements for grant of stay of execution pending appeal by demonstrating willingness to provide security and that the application was made timeously. The court balanced the interests of both parties by ordering a conditional stay, requiring the appellant to deposit the decretal sum in a joint interest-earning account held by the advocates for both parties within 30 days. Failure to comply would entitle the respondent to execute. The court further directed the appellant to file the record of appeal within 30 days and set a mention date to confirm compliance and give further directions.
Court Disposition
Application for stay of execution allowed on condition of security for the decretal sum and timely filing of the record of appeal.
Orders
- An order of stay of execution of the judgment in Kisumu CMCC No. 390 of 2020 is granted until the appeal is heard and determined, subject to conditions.
- The appellant shall deposit Kshs. 460,250 into a joint interest account of parties' advocates within 30 days.
Full Case Text
Judgment text and source record
16 paragraphs
Lumumba v Shajanand Holdings Limited (Civil Appeal 121 of 2022) [2024] KEHC 3329 (KLR) (9 April 2024) (Ruling)
Neutral citation: [2024] KEHC 3329 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 121 of 2022
MS Shariff, J
April 9, 2024
Between
P. L. O. Lumumba
Appellant
and
Shajanand Holdings Limited
Respondent
Ruling
1. I have considered the Applicant’s notice of motion dated 17th December 2022, the affidavit in support thereof, the further affidavit in support and the replying affidavit. I have also considered the rival submissions of parties and I do hereby allow the application and make the following orders:1. An order of stay of execution of the judgment in Kisumu CMCC No. 390 of 2020: Shajanand Holding Limited -vs- P. L. O. Lumumba is granted until this appeal is heard and determined on the following condition:-a.That the Applicant/Appellant shall deposit into a joint interest account of parties advocates the decreatal sum of Kshs.460,250 within 30 days from the date hereof.b.In the event of default the Respondent shall be at liberty to execute.c.The Appellant is directed to file the record of appeal within 30 days from the date hereof.d.Mention on 8th May, 2024 to confirm compliance and take directions on the appeal.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 9TH DAY OF APRIL, 2024. MWANAISHA. S. SHARIFFJUDGE