https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/10215
The application was unopposed, service was proved, and the court exercised its discretion to grant stay of execution on condition that the applicant deposits the entire decretal sum within 30 days, failing which the stay would automatically lapse.
Source-derived case information.
- Citation
- [2026] KEHC 10215 (KLR)
- Parties
- Applicant/appellant: Simon Kabaiku Ngacha; Respondent: Antony Ireri
- Court
- High Court
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E58 of 2026
- Procedural Posture
- Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal
- Outcome
- Application allowed in terms of prayers 3 and 4.
- Judges
- ["JM Nang'ea"]
- Legal Topics
- Stay of Execution, Decretal Sum Deposit, Unopposed Application, Pending Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Kabaiku Ngacha
Applicant/appellant
Antony Ireri
Respondent
Procedural Posture
Civil Appeal / Interlocutory Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether stay of execution should be granted pending determination of the appeal
- 2 Whether the applicant should deposit the decretal sum as a condition for stay
Ratio Decidendi
The application was unopposed, service was proved, and the court exercised its discretion to grant stay of execution on condition that the applicant deposits the entire decretal sum within 30 days, failing which the stay would automatically lapse.
Court Disposition
Application allowed in terms of prayers 3 and 4.
Orders
- Stay of execution of the judgment dated 12/02/2026 and all consequential orders pending hearing and determination of the appeal.
- The applicant shall deposit the entire decretal sum of Kshs. 545,905 in court within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Ngacha v Ireri (Civil Appeal E58 of 2026) [2026] KEHC 10215 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEHC 10215 (KLR) Republic of Kenya In the High Court at Nakuru Civil Appeal E58 of 2026 JM Nang'ea, J July 8, 2026 Between Simon Kabaiku Ngacha Applicant and Antony Ireri Respondent Ruling 1.The Appellant brings a Notice of Motion dated 24th April, 2026 for orders as here below;1.Spent.2.Spent.3.This Honourable Court be pleased to grant an Order of stay of execution of the judgment on 12/02/2026 and all consequential orders arising therefrom pending the hearing and determination of the appeal.4.This Honourable Court be pleased to issue an Order for the applicant to deposit the entire decretal sum of Kshs. 545,905/= in court or in a joint interest-earning account in the name of counsels for both parties pending hearing and determination of Nakuru Hcca No. E058 Of 2026 Simon Kabaiku Ngacha Versus Antony Ireri.5.This Honourable Court be pleased to issue any other Order as it may deem just, appropriate, and expedient in the interest of justice.6.Costs of this application be provided for. 2.The application is supported by the Appellant’s affidavit evidence. Despite evidence of service of the Application upon the Respondent, no reply thereto has been put in. The Application is therefore deemed as unopposed. 3.The Motion is allowed as per prayers 3 and 4. The Appellant shall deposit the entire decretal sum into court within 30 days from the date hereof, in default of which the order for stay of execution shall stand automatically vacated. 4.The costs of the application shall abide the Appeal. J. M. NANG’EA, JUDGE.Ruling, dated, signed and delivered virtually this 8th day of July, 2026.In the presence of:Ms Nasimiyu Advocate for the ApplicantRespondent, AbsentCourt Assistant (Jeniffer)J. M. NANG’EA, JUDGE.