[2025] KEHC 10456 (KLR)

[2025] KEHC 10456 (KLR)

The court found that the applicant had filed the appeal and application for stay promptly, and that there was an existing appeal with a conditional stay. The applicant demonstrated apprehension of substantial loss if execution proceeded, as recovery of attached property would be difficult if the appeal succeeded. The applicant indicated willingness to provide security, which the court found sufficient to safeguard both parties' interests. The court held that the requirements under Order 42 Rule 6(2) were met, and granted a conditional stay of execution pending determination of the appeal, subject to the applicant depositing 50% of the alimony amount in court as security. The applicant was...

Citation
[2025] KEHC 10456 (KLR)
Parties
Applicant: RPB; Respondent: SPK
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
18 July 2025
Case Number
Civil Appeal E095 of 2024
Procedural Posture
Civil Appeal / Ruling on Stay of Execution Pending Appeal
Outcome
Conditional stay of execution granted pending appeal, subject to deposit of security; costs awarded to respondent.
Judges
PM Nyaundi
Legal Topics
Alimony Orders, Stay of Execution, Maintenance Pending Appeal, Security for Decree
Source Language
English
Family and Children Civil Procedure Alimony Orders Stay of Execution Maintenance Pending Appeal Security for Decree

Case Brief

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Parties

RPB

Applicant

SPK

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution of the ruling delivered on 1st July 2022 pending appeal.
  2. 2 Whether the applicant has demonstrated substantial loss if stay is not granted.
  3. 3 Whether the applicant has complied with the requirements for stay under Order 42 Rule 6 of the Civil Procedure Rules.

Ratio Decidendi

The court found that the applicant had filed the appeal and application for stay promptly, and that there was an existing appeal with a conditional stay. The applicant demonstrated apprehension of substantial loss if execution proceeded, as recovery of attached property would be difficult if the appeal succeeded. The applicant indicated willingness to provide security, which the court found sufficient to safeguard both parties' interests. The court held that the requirements under Order 42 Rule 6(2) were met, and granted a conditional stay of execution pending determination of the appeal, subject to the applicant depositing 50% of the alimony amount in court as security. The applicant was...

Court Disposition

Conditional stay of execution granted pending appeal, subject to deposit of security; costs awarded to respondent.

Orders

  • Stay of execution granted pending hearing and determination of HCCA No. E071 of 2022 on condition that the applicant deposits KES 2,610,000 in court within 45 days.
  • Applicant to initiate process for hearing of appeal in E071 of 2022 within 30 days.