[2000] KECA 121 (KLR)
The Court of Appeal granted the stay of execution as prayed, finding that the applicant had satisfied the conditions for stay pending appeal. The stay was made conditional upon the applicant depositing half of the decretal sum (KES 1,421,000) in an interest bearing account with Kenya Commercial Bank within 30 days,...
Source-derived case information.
- Citation
- [2000] KECA 121 (KLR)
- Parties
- Applicant: Paul Murunga t/a Splinter Tours & Travel; Respondent: Capt. J. N. Wafubwa t/a Red Impex General Services
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 260 of ??
- Procedural Posture
- Stay Application / Application for Stay of Execution Pending Appeal
- Outcome
- Stay of execution granted on condition; costs in the appeal.
- Judges
- AM Akiwumi, EO O'Kubasu
- Legal Topics
- Stay of Execution, Security for Decretal Sum, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Murunga t/a Splinter Tours & Travel
Applicant
Capt. J. N. Wafubwa t/a Red Impex General Services
Respondent
Procedural Posture
Stay Application / Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution pending appeal should be granted.
- 2 What conditions, if any, should be imposed for the grant of stay of execution.
Ratio Decidendi
The Court of Appeal granted the stay of execution as prayed, finding that the applicant had satisfied the conditions for stay pending appeal. The stay was made conditional upon the applicant depositing half of the decretal sum (KES 1,421,000) in an interest bearing account with Kenya Commercial Bank within 30 days, in the joint names of the advocates for both parties. Failure to comply would result in the stay being vacated. The court exercised its discretion to balance the interests of both parties, ensuring the respondent's interests were secured while preserving the applicant's right of appeal.
Court Disposition
Stay of execution granted on condition; costs in the appeal.
Orders
- Stay of execution of the High Court judgment and decree granted pending appeal.
- Applicant to deposit half of the decretal sum (KES 1,421,000) in an interest bearing account with Kenya Commercial Bank within 30 days in the joint names of the advocates for both parties.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI (CORAM: AKIWUMI, TUNOI & O'KUBASU, JJ.A.) CIVIL APPLICATION NO. NAI. 260 OF 2000 (UR.122/00)
BETWEEN
PAUL MURUNGA t/a SPLINTER TOURS & TRAVEL ................................APPLICANT VERSUS CAPT. J. N. WAFUBWA t/a RED IMPEX GENERAL SERVICES .............................RESPONDENT
(An application for stay of execution pending the hearing and determination of an appeal filed from the Judgment and Decree of the High Court of Kenya at Nairobi (Justice Mbogholi Msagha) dated 24th March, 1999
in H.C.C.C. NO. 1321 OF 1994) ************
RULING OF THE COURT
In our view, stay should be granted as prayed for on condition as accepted by the Respondent, that half of the amount of the decretal sum of 1,421,000 Kenya Shillings be deposited in an interest bearing account with Kenya Commercial Bank within 30 days from today in the joint names of the Advocate of the Applicant and of the Respondent himself. Failure to comply with this will render the stay herein granted vacated. Costs will be in the appeal.
Dated and delivered at Nairobi this 19th day of September, 2000.
A. M. AKIWUMI
..................
JUDGE OF APPEAL
P. K. TUNOI
..................
JUDGE OF APPEAL
E. O'KUBASU
..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR.