[2025] KEHC 10177 (KLR)

[2025] KEHC 10177 (KLR)

The court found that the applicant satisfied the requirements for a stay of execution: the application was filed without undue delay, and security of Kshs. 500,000 was deposited as directed. However, the applicant failed to demonstrate specific substantial loss beyond general assertions. The court recognized the...

Source-derived case information.

Citation
[2025] KEHC 10177 (KLR)
Parties
Appellant: Stephen Anthony Onyango Otieno; Respondent: Victor Brian Owino
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 July 2025
Case Number
Civil Appeal E1242 of 2024
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Stay of execution granted pending hearing and determination of the appeal. Costs in the cause.
Judges
LP Kassan
Legal Topics
Stay of Execution, Security for Costs, Substantial Loss, Appeal Rights
Source Language
english
Civil Procedure Stay of Execution Security for Costs Substantial Loss Appeal Rights

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Anthony Onyango Otieno

Appellant

Victor Brian Owino

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the judgment/decree delivered on 4th October 2024 should be stayed pending hearing and determination of the appeal.
  2. 2 Who should bear the costs of the application.

Ratio Decidendi

The court found that the applicant satisfied the requirements for a stay of execution: the application was filed without undue delay, and security of Kshs. 500,000 was deposited as directed. However, the applicant failed to demonstrate specific substantial loss beyond general assertions. The court recognized the need to balance the appellant's right to appeal with the respondent's right to the fruits of judgment. The appeal raised triable issues, and the court exercised its discretion to grant a stay of execution pending appeal, with costs to be in the cause.

Court Disposition

Stay of execution granted pending hearing and determination of the appeal. Costs in the cause.

Orders

  • There be a stay of the execution of the Judgment obtained in MCCOMMSU No. E871 of 2022 Victor Brian Owino-vs-Stephen Anthony Onyango Otieno pending the hearing and determination of the Appeal filed herein.
  • The costs of this Application will be in the cause.