Ngabu & another v Mwangi (Civil Appeal E033 of 2026) [2026] KEHC 5127 (KLR) (16 April 2026) (Ruling)

Application filed without undue delay; applicant demonstrated likelihood of irreparable loss and willingness to deposit decretal sum as security; stay granted conditional on deposit of decretal sum.

Citation: [2026] KEHC 5127 (KLR)
Parties: 1st Appellant/applicant: Patrick Kimani Ngabu; 2nd Appellant/applicant: Kelvin Waraga; Respondent: Isaac Njai Mwangi
Court: High Court
Jurisdiction: Kenya
Judgment Date: 16 April 2026
Case Number: Civil Appeal E033 of 2026
Procedural Posture: Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome: application allowed
Legal Topics: Stay of Execution, Security for Due Performance, Appeals
Source Language: English

Civil Procedure Stay of Execution Security for Due Performance Appeals

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Parties

Patrick Kimani Ngabu

1st Appellant/applicant

Kelvin Waraga

2nd Appellant/applicant

Isaac Njai Mwangi

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

1 whether to grant stay of execution pending appeal
2 whether to require security for due performance

Ratio Decidendi

Application filed without undue delay; applicant demonstrated likelihood of irreparable loss and willingness to deposit decretal sum as security; stay granted conditional on deposit of decretal sum.

Court Disposition

application allowed

Orders

stay of execution of lower court judgment dated 23rd March, 2026 and all consequential orders until appeal is heard and determined, conditional on respondent depositing entire decretal sum in court within 30 days
draft memorandum of appeal dated 27th March, 2026 deemed duly filed and served