[2025] KEHC 8233 (KLR)

[2025] KEHC 8233 (KLR)

The court found that the applicant had satisfied all the mandatory conditions for the grant of stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules. The applicant demonstrated that she would suffer substantial and irreparable loss if the remaining matrimonial properties were disposed of before the appeal, as such properties are unique and cannot be replaced by monetary compensation. The application was filed within a reasonable period of fourteen days after judgment, and the explanation for the short delay was credible. Given the matrimonial nature of the dispute and the applicant's financial vulnerability, the court exercised its discretion to waive the...

Citation
[2025] KEHC 8233 (KLR)
Parties
Applicant: MN; Respondent: CMM
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
12 June 2025
Case Number
Matrimonial Cause E002 of 2024
Procedural Posture
Matrimonial Cause / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Application for stay of execution pending appeal allowed in respect of all remaining undisposed matrimonial properties.
Judges
RN Nyakundi
Legal Topics
Matrimonial Property, Stay of Execution, Substantial Loss, Security for Due Performance, Status Quo Orders
Source Language
English
Family and Children Civil Procedure Matrimonial Property Stay of Execution Substantial Loss Security for Due Performance Status Quo Orders

Case Brief

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Parties

MN

Applicant

CMM

Respondent

Procedural Posture

Matrimonial Cause / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant has satisfied the conditions for grant of stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules.
  2. 2 Whether the applicant would suffer substantial loss if stay is not granted, considering the nature of matrimonial property.
  3. 3 Whether the application was filed without unreasonable delay.

Ratio Decidendi

The court found that the applicant had satisfied all the mandatory conditions for the grant of stay of execution pending appeal under Order 42 Rule 6(2) of the Civil Procedure Rules. The applicant demonstrated that she would suffer substantial and irreparable loss if the remaining matrimonial properties were disposed of before the appeal, as such properties are unique and cannot be replaced by monetary compensation. The application was filed within a reasonable period of fourteen days after judgment, and the explanation for the short delay was credible. Given the matrimonial nature of the dispute and the applicant's financial vulnerability, the court exercised its discretion to waive the...

Court Disposition

Application for stay of execution pending appeal allowed in respect of all remaining undisposed matrimonial properties.

Orders

  • Execution of the decree dated 11th April 2025 is stayed with respect to all remaining undisposed matrimonial properties pending the hearing and determination of the intended appeal.
  • The respondent is restrained from disposing of, alienating, encumbering, or otherwise diminishing the value of any remaining matrimonial property awarded to him under the decree that has not yet been disposed of, pending determination of the appeal.