[2025] KEHC 5948 (KLR)

[2025] KEHC 5948 (KLR)

The court found that the applicant satisfied the requirements for stay of execution under Order 42 Rule 6 of the Civil Procedure Rules. The application was filed promptly, the applicant demonstrated the risk of substantial loss and the possibility that the appeal would be rendered nugatory if the warrant of arrest...

Source-derived case information.

Citation
[2025] KEHC 5948 (KLR)
Parties
Appellant: George Ochich; Respondent: Mary Mburugu
Court
High Court
Court Station
High Court at Eldoret
Jurisdiction
Kenya
Judgment Date
7 May 2025
Case Number
Civil Appeal E266 of 2024
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Outcome
Application allowed with conditions.
Judges
E Ominde
Legal Topics
Stay of Execution, Security for Due Performance, Substantial Loss, Appeal Nugatory, Unopposed Application
Source Language
english
Civil Procedure Stay of Execution Security for Due Performance Substantial Loss Appeal Nugatory Unopposed Application

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Summary, issues, holding and outcome

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Parties

George Ochich

Appellant

Mary Mburugu

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 of the warrant of arrest pending appeal.
  2. 2 Whether the applicant is entitled to a stay of further proceedings in the lower court pending appeal.
  3. 3 Whether the applicant has satisfied the requirements for grant of stay under Order 42 Rule 6 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the applicant satisfied the requirements for stay of execution under Order 42 Rule 6 of the Civil Procedure Rules. The application was filed promptly, the applicant demonstrated the risk of substantial loss and the possibility that the appeal would be rendered nugatory if the warrant of arrest was executed, and offered to provide security. The respondent did not oppose the application. The court exercised its discretion to grant a stay of execution of the warrant of arrest and further proceedings in the lower court, conditional upon the applicant depositing security in the sum of Kshs 100,000 within 21 days. The court also directed the filing and service of the record...

Court Disposition

Application allowed with conditions.

Orders

  • Stay of execution of the warrant of arrest issued on 13th November 2024 in Eldoret CMCC Misc. Civil Suit No. E029 of 2022 pending hearing and determination of the appeal.
  • Stay of further proceedings in Eldoret CMCC Misc. Civil Suit No. E029 of 2022 pending hearing and determination of the appeal.