[2001] KECA 124 (KLR)
The Court granted a conditional stay of execution because both parties consented to the stay on the condition that the applicant secures the decretal sum by a banker's bond in favour of the respondent within 30 days. The Court found this condition sufficient to protect the respondent's interests while preserving the...
Source-derived case information.
- Citation
- [2001] KECA 124 (KLR)
- Parties
- Applicant: Municipal Council of Kisumu; Respondent: Neela Bhanubhai Patel
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application 286 of 2001
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Conditional stay of execution granted pending appeal, subject to issuance of a banker's bond for KES 7,000,000 within 30 days; otherwise, application stands dismissed.
- Legal Topics
- Stay of Execution, Security for Judgment, Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Municipal Council of Kisumu
Applicant
Neela Bhanubhai Patel
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a conditional stay of execution should be granted pending the hearing and determination of the intended appeal.
- 2 What conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The Court granted a conditional stay of execution because both parties consented to the stay on the condition that the applicant secures the decretal sum by a banker's bond in favour of the respondent within 30 days. The Court found this condition sufficient to protect the respondent's interests while preserving the applicant's right to appeal. Failure to comply with the condition would result in automatic dismissal of the application without further order.
Court Disposition
Conditional stay of execution granted pending appeal, subject to issuance of a banker's bond for KES 7,000,000 within 30 days; otherwise, application stands dismissed.
Orders
- A conditional stay of execution of the decree dated 22/12/2000 is granted pending the hearing and determination of the intended appeal.
- The applicant shall within 30 days secure payment of KES 7,000,000 by issuance of a banker's bond in favour of the respondent.
Full Case Text
Judgment text and source record
15 paragraphs
IN THE COURT OF APPEAL AT NAIROBI CORAM: KWACH, SHAH & O'KUBASU JJ.A CIVIL APPLICATION NO. NAI. 286 OF 2001 (157/2001 UR)
BETWEEN
MUNICIPAL COUNCIL OF KISUMU ..........................APPLICANT
AND
NEELA BHANUBHAI PATEL ..................................RESPONDENT
(Application for stay of execution from Ruling/Order of the High Court of Kenya at Kisumu (P.K.K. Birech, Commissioner of Assize) dated 9th February, 2001
in
KSM H.C.C.C. NO. 409 OF 1999) ******************
RULING OF THE COURT
All parties to this application have now agreed that a conditional stay of execution of the decree dated 22/12/2000 be granted pending the hearing and determination of the intended appeal. It is also agreed that the condition is that the applicant will within 30 days from to-day secure payment of Shs.7,000,000/= by issuance of a banker's bond in favour of the respondent. The stay of execution sought therefore is granted on the condition above-stated. If the applicant does not issue such a bond this application will stand dismissed without any further order. The costs of this application will be costs in the intended appeal.
Dated and delivered at Nairobi this 17th day of August, 2001.
R.O. KWACH ........................... JUDGE OF APPEAL
A.B. SHAH ............................ JUDGE OF APPEAL
E.O. O'KUBASU ............................. JUDGE OF APPEAL
I certify that this is a true copy of the original. DEPUTY REGISTRAR.