[2020] KEHC 3264 (KLR)

[2020] KEHC 3264 (KLR)

The court found that the application for stay of execution was made without unreasonable delay, as the applicant took active steps to file a notice of appeal, request proceedings, and file the application within a reasonable period. Although the applicant did not file a draft or memorandum of appeal, the supporting affidavit outlined grounds for the intended appeal, and the right to appeal should not be unduly hindered. However, the applicant's claim of financial hardship was not substantiated with details, and mere financial loss does not amount to substantial loss. The court held that security for a money decree must be in the form of money, not a title deed, as depositing a title deed...

Citation
[2020] KEHC 3264 (KLR)
Parties
Plaintiff: PH Ogolla-Onyango t/a Pitt Consult Engineers; Defendant: Daniel Githegi t/a Quantalysis
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
28 August 2020
Case Number
Civil Case 1490 of 2020
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Outcome
Conditional stay of execution granted pending appeal.
Judges
MW Muigai
Legal Topics
Stay of Execution, Security for Decree, Appeals Process, Money Decree, Substantial Loss, Discretionary Powers
Source Language
English
Civil Procedure Commercial and Corporate Stay of Execution Security for Decree Appeals Process Money Decree Substantial Loss Discretionary Powers

Case Brief

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Parties

PH Ogolla-Onyango t/a Pitt Consult Engineers

Plaintiff

Daniel Githegi t/a Quantalysis

Defendant

Procedural Posture

Stay Application / Ruling on Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the judgment pending appeal.
  2. 2 Whether the security offered by the applicant (title deed) is sufficient for a money decree.
  3. 3 Whether the application for stay was made without unreasonable delay.

Ratio Decidendi

The court found that the application for stay of execution was made without unreasonable delay, as the applicant took active steps to file a notice of appeal, request proceedings, and file the application within a reasonable period. Although the applicant did not file a draft or memorandum of appeal, the supporting affidavit outlined grounds for the intended appeal, and the right to appeal should not be unduly hindered. However, the applicant's claim of financial hardship was not substantiated with details, and mere financial loss does not amount to substantial loss. The court held that security for a money decree must be in the form of money, not a title deed, as depositing a title deed...

Court Disposition

Conditional stay of execution granted pending appeal.

Orders

  • The applicant shall deposit Ksh 500,000 (half the decretal sum) in a joint interest earning account held by the advocates for both parties.
  • The applicant has 90 days from the date of the ruling to comply with the deposit requirement.