[2004] KEHC 2225 (KLR)
The court found that the application for stay of execution was merited because the appeal had already been filed and the issues raised regarding the consent review of judgment were matters to be canvassed at the full hearing of the appeal. To balance the interests of both parties, the court ordered a stay of...
Source-derived case information.
- Citation
- [2004] KEHC 2225 (KLR)
- Parties
- Appellant: Postal Corporation of Kenya; Respondent: Jane Aluoch Onyango
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- ? 88 of 2004
- Procedural Posture
- Civil Appeal / Stay of Execution Application Pending Appeal
- Outcome
- application for stay of execution allowed with conditions
- Legal Topics
- Stay of Execution, Appeals Process, Security for Decretal Sum
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Postal Corporation of Kenya
Appellant
Jane Aluoch Onyango
Respondent
Procedural Posture
Civil Appeal / Stay of Execution Application Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the decree pending the hearing and determination of the appeal.
- 2 Whether the consent review of judgment affects the right to seek stay of execution.
- 3 What conditions should be imposed for the grant of stay of execution.
Ratio Decidendi
The court found that the application for stay of execution was merited because the appeal had already been filed and the issues raised regarding the consent review of judgment were matters to be canvassed at the full hearing of the appeal. To balance the interests of both parties, the court ordered a stay of execution on condition that the applicant deposits the decretal amount in an interest earning account in the joint names of counsels for both parties within 15 days. The applicant was also ordered to pay the costs of the application.
Court Disposition
application for stay of execution allowed with conditions
Orders
- There shall be a stay of execution of the judgment until the appeal is heard and determined.
- The applicant shall deposit the decretal amount in an interest earning account in the joint names of counsels for the parties within 15 days from the date of the ruling.
Full Case Text
Judgment text and source record
10 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL APPEAL NO.88 OF 2004
POSTAL CORPORATION OF KENYA ………………………. APPELLANT VERSUS JANE ALUOCH ONYANGO ………………………………………. RESPONDENT RULING.
Applicant prays for stay of execution of decree of SRM Homa Bay delivered on 15th May 2003 and reviewed on 22nd January 2004 in SRM CC.NO.322 OF 2000.
I have carefully considered the application and the objection. The appeal is already filed. True the review of the judgment on 22nd January 2004 was by consent. However this I believe is an issue to be canvassed at the full hearing.
I find application is merited. The same is allowed and the court order that there be a stay of execution of the judgment until the appeal is heard and determined.
The applicant however should deposit the decretal amount in an interest earning account in the joint names of counsels for the parties within 15 days from today’s date. Applicant will also pay costs of this application.
KABURU BAUNI JUDGE. 27/7/04 Dated and delivered on 27th July 2004. Mr. Ogari H/B for Ms. Munyi for Applicant.
KABURU BAUNI JUDGE.