[2024] KEHC 6747 (KLR)
The court granted a stay of execution of the decree in Maseno SPMCC No. E074 of 2021 pending the hearing and determination of the appeal because the application was unopposed and the decree was a money decree. The stay was made conditional upon the appellant depositing half of the decretal sum into the trial court...
Source-derived case information.
- Citation
- [2024] KEHC 6747 (KLR)
- Parties
- Appellant: Wilfred Omondi Otieno; Respondent: Peter Okumu Wanjawa
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E094 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- stay of execution granted with conditions
- Judges
- RE Aburili
- Legal Topics
- Stay of Execution, Security for Due Performance, Money Decree, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Wilfred Omondi Otieno
Appellant
Peter Okumu Wanjawa
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Legal Issues
- 1 Whether to grant a stay of execution of the decree pending appeal.
- 2 What conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The court granted a stay of execution of the decree in Maseno SPMCC No. E074 of 2021 pending the hearing and determination of the appeal because the application was unopposed and the decree was a money decree. The stay was made conditional upon the appellant depositing half of the decretal sum into the trial court as security for the due performance of the decree within 21 days. The court also directed the appellant to file and serve a record of appeal within 30 days and set a mention date to confirm compliance. The orders were made to balance the interests of both parties and to ensure that the appeal is not rendered nugatory while also securing the respondent's interests.
Court Disposition
stay of execution granted with conditions
Orders
- Stay of execution of decree in Maseno SPMCC No. E074 of 2021 pending hearing and determination of this appeal conditional upon the appellant depositing into the trial court half of the decretal sum within 21 days.
- Costs be in the appeal.
Full Case Text
Judgment text and source record
21 paragraphs
Otieno v Wanjawa (Civil Appeal E094 of 2024) [2024] KEHC 6747 (KLR) (5 June 2024) (Ruling)
Neutral citation: [2024] KEHC 6747 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal E094 of 2024
RE Aburili, J
June 5, 2024
Between
Wilfred Omondi Otieno
Appellant
and
Peter Okumu Wanjawa
Respondent
(Arising from the Judgment and decree of Hon. J. Kimetto in Maseno SPMCC No. E074 of 2021 rendered on 16th April 2024)
Ruling
1. The application dated 16th May 2024 was served upon the Respondents who have not responded. It is therefore not opposed.
2. The application seeks for stay of execution of decree in Maseno SPMCC No. E074 of 2021 pending the hearing and determination of the appeal herein as filed.
3. As the application is not opposed and the decree is a money decree, I make the following orders:-1. There shall be stay of execution of decree in Maseno SPMCC No. E074 of 2021 pending hearing and determination of this appeal conditional upon the Appellant depositing into the trial court half of the decretal sum awarded by the trial court, as security for the due performance of decree in the said matter within 21 days of today.2. Costs be in the appeal.3. The Lower court record to be availed for admission of the appeal.4. The Appellant to file and serve a record of appeal within 30 days of today.5. Mention before the Deputy Registrar on 11th July 2024 to confirm compliance.
4. This Ruling and order to be typed and uploaded.
5. The Appellant to serve the Respondent with notice.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 5TH DAY OF JUNE, 2024R. E. ABURILIJUDGE