[2025] KEHC 2347 (KLR)

[2025] KEHC 2347 (KLR)

The court found that the applicant had satisfied the requirements for the grant of a stay of execution pending appeal, particularly by offering to deposit security for the due performance of the decree. The court exercised its discretion to allow the application for stay on condition that half the decretal sum be...

Source-derived case information.

Citation
[2025] KEHC 2347 (KLR)
Parties
Appellant: Samuel Mburu Ndungu; Respondent: Vaines Soko Ngwai; Respondent: Stephen Kala Mingwau
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Civil Appeal E068 of 2024
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Outcome
application for stay of execution pending appeal allowed with conditions
Judges
AN Ongeri
Legal Topics
Stay of Execution, Decretal Sum, Appeal Procedure
Source Language
en
Civil Procedure Stay of Execution Decretal Sum Appeal Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Samuel Mburu Ndungu

Appellant

Vaines Soko Ngwai

Respondent

Stephen Kala Mingwau

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay Application Pending Appeal

Legal Issues

  1. 1 Whether the applicant 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 found that the applicant had satisfied the requirements for the grant of a stay of execution pending appeal, particularly by offering to deposit security for the due performance of the decree. The court exercised its discretion to allow the application for stay on condition that half the decretal sum be deposited in court within 30 days and that the record of appeal be compiled within the same period. The court held that these conditions would adequately safeguard the interests of both parties, ensuring that the appeal is not rendered nugatory while also protecting the respondents' right to the fruits of their judgment. Failure to comply with the conditions would entitle the...

Court Disposition

application for stay of execution pending appeal allowed with conditions

Orders

  • Half the decretal sum to be deposited in court within 30 days of the ruling date.
  • The record of appeal to be compiled within 30 days.