[2021] KEHC 6298 (KLR)
The court determined that since the dispute concerns the quantum of fees and the applicant has indicated willingness to provide security, a stay of execution is justified to preserve the subject matter of the intended appeal. The court adopted the approach taken in a similar application between the same parties,...
Source-derived case information.
- Citation
- [2021] KEHC 6298 (KLR)
- Parties
- Applicant: Rachuonyo & Rachuonyo Advocates; Respondent: National Bank of Kenya Limited
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application E301 of 2019
- Procedural Posture
- Miscellaneous Application / Ruling on Stay of Execution Pending Appeal
- Outcome
- conditional stay of execution granted pending appeal
- Judges
- DAS Majanja
- Legal Topics
- Stay of Execution, Costs Taxation, Bank Guarantee, Appeal Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Rachuonyo & Rachuonyo Advocates
Applicant
National Bank of Kenya Limited
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution and proceedings should be granted pending appeal on the quantum of costs certified by the Deputy Registrar.
- 2 What conditions should be imposed for the grant of stay of execution in a costs dispute.
Ratio Decidendi
The court determined that since the dispute concerns the quantum of fees and the applicant has indicated willingness to provide security, a stay of execution is justified to preserve the subject matter of the intended appeal. The court adopted the approach taken in a similar application between the same parties, ordering a partial payment and a bank guarantee as conditions for the stay. The stay is limited in duration and subject to compliance with the set conditions, ensuring that both parties' interests are protected pending the outcome of the appeal.
Court Disposition
conditional stay of execution granted pending appeal
Orders
- There shall be a stay of further proceedings pending the hearing and determination of the intended appeal from the ruling dated 5th May 2021.
- The Applicant/Client shall pay the Advocates/Respondent KES 1,000,000.00 and provide a bank guarantee for KES 3,000,000.00 from a reputable bank other than the Applicant within 45 days.
Full Case Text
Judgment text and source record
23 paragraphs
IN THE HIGH COURT OF KENYA
MILIMANI LAW COURTS
COMMERCIAL AND TAX DIVISION
CORAM: D. S. MAJANJA J.
MISC. CIVIL APPLICATION NO. E301 OF 2019
BETWEEN
RACHUONYO & RACHUONYO ADVOCATES ………….. ADVOCATE/APPLICANT
AND
NATIONAL BANK OF KENYA LIMITED …..……….............. CLIENT/RESPONDENT
RULING NO. 2
1. At the hearing of the Notice of Motion dated 19th May 2021 seeking a stay of execution and proceedings following the decision of the Deputy Registrar dated dated 30th April 2020 certifying the costs due to the Respondent (“Advocates”) and duly affirmed by this court in the ruling dated 5th May 2021 dismissing the reference, the parties agreed to be bound by the ruling on a similar application filed in HCOMM Misc. Appl. No. 146 of 2019 between the same parties.
2. For the reasons set out in HCOMM Misc. Appl. No. 300 of 2019, the fact that it is the quantum of fees that is disputed, I now order as follows:
(a) There shall be a stay of further proceedings pending the hearing and determination of the intended appeal from the ruling dated 5th May 2021 on the terms set out hereafter.
(b) The Applicant/Client shall pay the Advocates/Respondent KES. 1,000,000. 00 and provide a bank guarantee for the sum of KES 3,000,000. 00 from a reputable bank other than the Applicant to be agreed upon by the parties within 45 days from the date hereof.
(c) The stay of execution shall remain in force for a period of one year from the date hereof unless otherwise extended by this court or the Court of Appeal.
(d) In default of any condition of this order, the order of stay shall stand discharged.
(e) The costs of this application shall be in the appeal.
DATEDandDELIVEREDatNAIROBIthis8th day of JUNE 2021.
D. S. MAJANJA
JUDGE
Court Assistant: Mr M. Onyango
Mr Amuga instructed by Amuga and Company Advocates for the Advocates/Applicant.
Mr Juma instructed by Mutua-Waweru and Company Advocates for the Client/Respondent.