[2006] KEHC 2101 (KLR)
The court found that the defendant, having filed a notice of appeal and expressed willingness to deposit the decreetal sum in an interest earning account, had made an acceptable offer of security. The court exercised its discretion to grant a stay of execution on condition that the decreetal sum, together with...
Source-derived case information.
- Citation
- [2006] KEHC 2101 (KLR)
- Parties
- Plaintiff: Rongai Workshop Ltd.; Defendant: Kenblest Bakery Ltd.
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 895 of 1994
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed on condition of security.
- Legal Topics
- Stay of Execution, Appeals, Security for Judgment
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Rongai Workshop Ltd.
Plaintiff
Kenblest Bakery Ltd.
Defendant
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the defendant is entitled to a stay of execution pending appeal.
- 2 Whether the offer to deposit the decreetal sum in an interest earning account is sufficient security.
Ratio Decidendi
The court found that the defendant, having filed a notice of appeal and expressed willingness to deposit the decreetal sum in an interest earning account, had made an acceptable offer of security. The court exercised its discretion to grant a stay of execution on condition that the decreetal sum, together with interest as of 23.5.06, be deposited in an interest earning account in the joint names of the parties' advocates within 30 days. The court further ordered that the costs of the application be borne by the applicant. This decision balanced the right of appeal with the need to secure the respondent's interests pending determination of the appeal.
Court Disposition
Application for stay of execution allowed on condition of security.
Orders
- The decreetal sum, together with interest as of 23.5.06, to be deposited in an interest earning account in the joint names of the parties' advocates within 30 days.
- Costs of the application to be borne by the applicant.
Full Case Text
Judgment text and source record
23 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Civil Case 895 of 1994
RONGAI WORKSHOP LTD. ……………………........................................................ PLAINTIFF
VERSUS
KENBLEST BAKERY LTD. …………………....................................................... DEFENDANT
RULING
I: BACKGROUND OF APPLICATION
1. I had heard and finalized this very old matter that was part heard before Ouna J on the 21. 5.05.
2. The original defendant/applicant being dissatisfied with my judgment, on a material damage claim, filed a notice of appeal to the court of appeal.
3. Taxation having been completed, the original defendant/ applicant fears that there may be execution against them. They then filed this present application for stay of execution and thereafter prayed to deposit the decreetal amount to court pending the hearing of appeal.
4. The applicant/defendant affidavit having been deponed to by his advocate was opposed to by the respondent/plaintiffs.
II: Finding
5. It is a right of every party to file an appeal against the courts decision. The applicant/defendant is willing to deposit the decreetal amount to court or in an interest earning account.
6. I believe this is an acceptable offer pending the appeal being heard.
7. I therefore make order that the decreetal sum, together with interest as of 23. 5.06, be deposited in an interest earning account in the joint names of the parties advocate within 30 days.
8. That the costs of this application be borne by the applicant.
Dated this 23rd day of May 2006 at Nairobi.
M.A. ANG’AWA
JUDGE
O.P. Nagpal & Co. Advocates for the plaintiff
Shah & Parekh & Co. Advocates for the defendant