[2024] KEHC 13506 (KLR)
The court found that the application for stay of execution was merited as the appellant had demonstrated willingness to provide security by depositing the entire judgment sum and costs in a joint interest earning account. The respondent did not oppose the application despite being served. The court exercised its...
Source-derived case information.
- Citation
- [2024] KEHC 13506 (KLR)
- Parties
- Appellant: David Okello; Respondent: Ronald Kemboi
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E215 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- Application for stay of execution allowed with conditions.
- Judges
- MS Shariff
- Legal Topics
- Stay of Execution, Security for Judgment, Appeal Admission
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
David Okello
Appellant
Ronald Kemboi
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application 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 application for stay of execution was merited as the appellant had demonstrated willingness to provide security by depositing the entire judgment sum and costs in a joint interest earning account. The respondent did not oppose the application despite being served. The court exercised its discretion to grant stay of execution on condition that the appellant deposits the total sum of Kshs. 313,000 within 45 days, failing which the stay would lapse. The court further gave directions for expeditious hearing of the appeal and ordered each party to bear their own costs for the application.
Court Disposition
Application for stay of execution allowed with conditions.
Orders
- An order of stay of execution is issued against the judgment in Kisumu SCCC No. E0657/2024 pending hearing and determination of the appeal, on condition that the appellant deposits Kshs. 313,000 in a joint interest earning account of parties' advocates within 45 days.
- In default of deposit, the stay orders shall lapse and the respondent shall be at liberty to execute.
Full Case Text
Judgment text and source record
17 paragraphs
Okello v Kemboi (Civil Appeal E215 of 2024) [2024] KEHC 13506 (KLR) (31 October 2024) (Ruling)
Neutral citation: [2024] KEHC 13506 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E215 of 2024
MS Shariff, J
October 31, 2024
Between
David Okello
Appellant
and
Ronald Kemboi
Respondent
Ruling
1. I have considered the notice of motion dated 21. 10. 24, the supporting affidavit of David Okello sworn on even date and the enclosures therein and I have also considered the oral submissions of Mr. Ongonga Counsel for the Appellant/Applicant while noting that the application is unopposed albeit duly served as evidence by the return of service sworn by James Ongenga on 30th October, 2024.
2. I find that he application is well merited and I therefore allow it and make the following orders:-1. An order of stay of execution is issued against the judgment in Kisumu SCCC No. E0657/2024 pending the hearing and determination of the appeal herein on the following conditions:-a.The appellant is ordered to deposit the entire judgment sum of Kshs.250,000 plus costs of Kshs.63,000 making it a total of Kshs.313,000 in a joint interest earning account of parties’ advocates with a reputable bank within 45 days from the date hereof.b.In the even of default the stay orders shall automatically laps and the Respondent shall be at liberty to execute.2. The appellant shall bear his own costs of this application.3. This appeal is admitted for hearing in Kisumu for 1 day before 1 Judge.4. The appellant is directed to file and serve his record of appeal within 14 days from the date hereof and his submissions within 21 days from this date.5. The respondent is directed to file and serve his submissions within 28 days from the date hereof.6. Hearing of the appeal shall be on 5. 12. 24. 7.Notice of the above directions to be served upon the Respondent by the Appellant.
DELIVERED, SIGNED AND DATED THIS 31ST DAY OF OCTOBER, 2024. M. S. SHARIFFJUDGE