[2024] KEHC 8579 (KLR)
The court found that the appellant had satisfied the requirements for the grant of a stay of execution pending appeal, particularly by expressing willingness to deposit security. To balance the interests of both parties, the court ordered a stay of execution on condition that the appellant deposits the entire...
Source-derived case information.
- Citation
- [2024] KEHC 8579 (KLR)
- Parties
- Appellant: Harold Ocholla; Respondent: Mark Ian Sidandi Ogoto
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E132 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed with conditions.
- Judges
- MS Shariff
- Legal Topics
- Stay of Execution, Appeal Procedure, Security for Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Harold Ocholla
Appellant
Mark Ian Sidandi Ogoto
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to an order of stay of execution pending appeal.
- 2 What conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The court found that the appellant had satisfied the requirements for the grant of a stay of execution pending appeal, particularly by expressing willingness to deposit security. To balance the interests of both parties, the court ordered a stay of execution on condition that the appellant deposits the entire decretal sum of Kshs 500,000 in a joint interest-earning account in the names of the parties' advocates within 45 days. Failure to comply would entitle the respondent to execute. The court also gave directions on the filing of supplementary records and submissions to facilitate the expeditious hearing of the appeal.
Court Disposition
Application for stay of execution allowed with conditions.
Orders
- An order of stay of execution is issued against the judgment in Kisumu SCCOM E099/24 pending the hearing and determination of the appeal, on condition that the appellant deposits Kshs 500,000 in a joint interest-earning account in the names of the parties' advocates within 45 days.
- In default of compliance with the deposit order, the respondent is at liberty to execute.
Full Case Text
Judgment text and source record
18 paragraphs
Ocholla v Ogoto (Miscellaneous Civil Application E132 of 2024) [2024] KEHC 8579 (KLR) (10 July 2024) (Ruling)
Neutral citation: [2024] KEHC 8579 (KLR)
Republic of Kenya
In the High Court at Kisumu
Miscellaneous Civil Application E132 of 2024
MS Shariff, J
July 10, 2024
Between
Harold Ocholla
Appellant
and
Mark Ian Sidandi Ogoto
Respondent
Ruling
1. I have perused the Appellant’s notice of motion dated 5. 7.2024, the supporting affidavit sworn by Harold Ocholla on even date and I have also considered the rival submissions of parties. I do hereby allow the same and make the following orders:-1. An order of stay of execution is hereby issued against the judgment in Kisumu SCCOM E099/24 pending the hearing and determination of this appeal on the following conditions:-a)The Appellant do deposit in a joint interest earning account in the names of the parties advocates the entire sum of Kshs 500,000 within 45 days from the date hereof.b)In the event of default in compliance with order (a) herein above the Respondent to be at liberty to execute.
2. The Appellant is directed to file and serve a supplementary record of appeal simultaneously with his submissions within 14 days from the date hereof and the Respondent to file his submissions within 28 days from the date hereof.
3. Mention on 8. 8.2024 to confirm compliance.
DELIVERED, DATED AND SIGNED AT KISUMU THIS 10TH DAY OF JULY, 2024. M. S. SHARIFFJUDGE