[2019] KEHC 9081 (KLR)

[2019] KEHC 9081 (KLR)

The court found that although the applicants failed to comply with the lower court's stay conditions, they demonstrated good faith by promptly preparing the cheque for the decretal sum and inviting the respondents to open a joint account shortly after the lapse of the compliance period. The court exercised its discretion to grant a stay of execution, subject to strict compliance with the condition of depositing the decretal sum in a joint interest-earning account in the names of the advocates. The court balanced the right of the respondents to enjoy the fruits of judgment with the applicants' right to appeal, and imposed timelines for compliance, with the consequence that failure to...

Citation
[2019] KEHC 9081 (KLR)
Parties
Appellant: Raphael Onyando; Appellant: South Nyanza Sugar Co. Ltd; Respondent: Tom Washington Omondi; Respondent: Frank Robert Odhiambo; Respondent: Paul Ooko Oguk
Court
High Court
Court Station
High Court at Migori
Jurisdiction
Kenya
Judgment Date
28 March 2019
Case Number
Civil Appeal 119 of 2018
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
stay of execution granted with conditions
Judges
AC Mrima
Legal Topics
Stay of Execution, Security for Decretal Sum, Appeal Process, Discretion of Court
Source Language
English
Civil Procedure Stay of Execution Security for Decretal Sum Appeal Process Discretion of Court

Case Brief

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Parties

Raphael Onyando

Appellant

South Nyanza Sugar Co. Ltd

Appellant

Tom Washington Omondi

Respondent

Frank Robert Odhiambo

Respondent

Paul Ooko Oguk

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicants are entitled to a stay of execution of the judgment and decree pending appeal.
  2. 2 Whether the applicants' failure to comply with previous stay conditions bars them from obtaining a stay from the High Court.
  3. 3 What conditions should be imposed for the grant of stay of execution.

Ratio Decidendi

The court found that although the applicants failed to comply with the lower court's stay conditions, they demonstrated good faith by promptly preparing the cheque for the decretal sum and inviting the respondents to open a joint account shortly after the lapse of the compliance period. The court exercised its discretion to grant a stay of execution, subject to strict compliance with the condition of depositing the decretal sum in a joint interest-earning account in the names of the advocates. The court balanced the right of the respondents to enjoy the fruits of judgment with the applicants' right to appeal, and imposed timelines for compliance, with the consequence that failure to...

Court Disposition

stay of execution granted with conditions

Orders

  • There is a stay of execution of the decree in Rongo PMCC No. 224 of 2018 pending determination of the appeal.
  • Respondents' counsel to comply with applicants' counsel's letter dated 01/02/2019 to open a joint account within 14 days.