[2025] KEHC 10295 (KLR)
The court held that since the stay orders granted earlier had lapsed upon delivery of the ruling on 26/06/2025, and there was no evidence of a pending appeal before the Court of Appeal, the applicant was entitled to enforce the decree. The deposit of Kshs 1,000,000 made as security for the intended appeal was no...
Source-derived case information.
- Citation
- [2025] KEHC 10295 (KLR)
- Parties
- Applicant: Geoffrey Omwando Ngoge; Respondent: Advanced Gaming Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Judgment Date
- 16 July 2025
- Case Number
- Miscellaneous Civil Application 1086 of 2023
- Procedural Posture
- Miscellaneous Application / Ruling on Release of Security Deposit and Enforcement of Decree
- Outcome
- Application allowed; security deposit to be released to applicant; leave to appeal granted to respondent.
- Judges
- JN Mulwa
- Legal Topics
- Stay of Execution, Security for Costs, Enforcement of Decree
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Geoffrey Omwando Ngoge
Applicant
Advanced Gaming Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Release of Security Deposit and Enforcement of Decree
Legal Issues
- 1 Whether the applicant is entitled to enforcement of the decree following the lapse of stay orders.
- 2 Whether the security deposit of Kshs 1,000,000 should be released to the applicant after the ruling.
- 3 Whether a notice of appeal constitutes a valid appeal for purposes of stay.
Ratio Decidendi
The court held that since the stay orders granted earlier had lapsed upon delivery of the ruling on 26/06/2025, and there was no evidence of a pending appeal before the Court of Appeal, the applicant was entitled to enforce the decree. The deposit of Kshs 1,000,000 made as security for the intended appeal was no longer justified to be held by the court, as its purpose had lapsed with the determination of the stay application. The court further clarified that a notice of appeal does not amount to an appeal and does not by itself operate as a stay of execution. Therefore, the applicant was at liberty to have the security deposit released and to proceed with enforcement of the balance of the...
Court Disposition
Application allowed; security deposit to be released to applicant; leave to appeal granted to respondent.
Orders
- The deposit of Kshs. 1,000,000 deposited in court on 11/09/2024 by Advanced Gaming Limited shall be released to P. K. Matata & Co. Advocates for onward transmission to Geoffrey Omwando Ngoge forthwith.
- The applicant is at liberty to enforce the decree for the balance of the decretal sum by any lawful means.
Full Case Text
Judgment text and source record
27 paragraphs
Ngoge v Advanced Gaming Limited (Miscellaneous Civil Application 1086 of 2023) [2025] KEHC 10295 (KLR) (Civ) (16 July 2025) (Ruling)
Neutral citation: [2025] KEHC 10295 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Miscellaneous Civil Application 1086 of 2023
JN Mulwa, J
July 16, 2025
Between
Geoffrey Omwando Ngoge
Applicant
and
Advanced Gaming Limited
Respondent
Ruling
1. This court’s ruling dated 26/06/2025 has been appealed against. The court denied stay of execution orders against the Tribunal’s decision. The notice of Appeal is dated 20/08/2024. It is not stated whether or not the Memorandum of Appeal is dated 20/08/2024. It is not stated whether or not the Memorandum of Appeal (or the Appeal) has been filed at the Court of Appeal.
2. The deposit made in court was pursuant to court order on interim basis pending determination on Notice of Motion dated 30/08/2024, which was determined by a ruling dated 26/06/2025.
3. As for as the court is concerned the stay orders lapsed on the date of delivery of the ruling delivered on 26/06/2025. There is nothing holding the Applicant from enforcing the award of the decree in the sum of Kshs. 2,324,641. 16/=.
4. The sum of Kshs 1,000,000/= deposited as security by the intended appellant was not made to secure a none existence appeal. Its purpose lapsed when the ruling was delivered on 26/06/2025.
5. It is trite that a Notice of Appeal is not an appeal. It is an intention to appeal.
6. As far as this court is concerned, there is no appeal filed or pending for determination at the Court of Appeal.
7. In the premises, the Applicant is at liberty to enforce the decree. The 1st port of call would be to have the deposit in court released to the Applicant if it was deposited by the Respondent. Thereafter the Applicant can use any other execution method to have the balance of the decretal sum settled.
8. I therefore allow the deposit of Kshs. 1 million deposited in court on 11/09/2024 by Advanced Gaming Limited to be released from court to P. K. Matata & Co. Advocates for onward transmission to the Applicant Geoffrey Omwando Ngoge; forthwith.
9. The court holds the view that Advanced Gaming Ltd shall have an opportunity to seek for stay orders at the Court of Appeal.
10. This matter by this Misc. Appln. No. E186/2023 is now concluded and closed.
11. Leave to appeal from the orders granted to the Respondent, Advanced Gaming Ltd.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JULY, 2025. ……………………….JANET MULWAJUDGEIn the presence of Mr. Matata for Applicant (Geoffrey)Githui for Respondent (Advanced Gaming Ltd)