[2018] KEHC 9164 (KLR)

[2018] KEHC 9164 (KLR)

The court found that the delay in filing the application for stay of execution and extension of time to appeal was not inordinate and was satisfactorily explained by the applicant. The applicant's willingness to deposit security for the decretal sum further satisfied the requirements for granting a stay. The court exercised its discretion to balance the interests of both parties, holding that the applicant should be allowed to appeal and that a stay of execution should be granted on condition that the decretal sum is deposited in a joint interest earning account or in court within 30 days. The court was guided by the statutory and case law principles on extension of time and stay of...

Citation
[2018] KEHC 9164 (KLR)
Parties
Plaintiff: P K M; Respondent: M N K (Minor suing through her father and next friend); Defendant: Joseph Mwaura
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
24 May 2018
Case Number
Civil Case 59 of 2011
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution and Extension of Time to Appeal
Outcome
application allowed with conditions
Judges
BT Jaden
Legal Topics
Stay of Execution, Extension of Time, Appeals Process, Security for Decree
Source Language
English
Civil Procedure Stay of Execution Extension of Time Appeals Process Security for Decree

Case Brief

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Parties

P K M

Plaintiff

M N K (Minor suing through her father and next friend)

Respondent

Joseph Mwaura

Defendant

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution and Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
  2. 2 Whether the applicant has demonstrated sufficient cause for extension of time to file a notice of appeal and request for proceedings.
  3. 3 Whether the applicant should be required to deposit security for the due performance of the decree.

Ratio Decidendi

The court found that the delay in filing the application for stay of execution and extension of time to appeal was not inordinate and was satisfactorily explained by the applicant. The applicant's willingness to deposit security for the decretal sum further satisfied the requirements for granting a stay. The court exercised its discretion to balance the interests of both parties, holding that the applicant should be allowed to appeal and that a stay of execution should be granted on condition that the decretal sum is deposited in a joint interest earning account or in court within 30 days. The court was guided by the statutory and case law principles on extension of time and stay of...

Court Disposition

application allowed with conditions

Orders

  • The application is allowed on condition that the applicant deposits the decretal sum in a joint interest earning bank account of the counsels for both parties or in court within 30 days from the date hereof.
  • The consent letter dated 20th February, 2017 is adopted as an order of court and the firm Wokabi Mathenge & Co. Advocates is placed on record for the defendant.