[2025] KEHC 8873 (KLR)

[2025] KEHC 8873 (KLR)

The court found that the appellant had satisfied the requirements for grant of stay of execution pending appeal, provided that it pays Kshs. 1,000,000 to the respondents through their advocates within 30 days. The court exercised its discretion to balance the interests of both parties: securing the respondents'...

Source-derived case information.

Citation
[2025] KEHC 8873 (KLR)
Parties
Appellant: Sanita Investments Limited; Respondent: Thande Mbuga Njau; Respondent: Miriam Ruth Kyabaki
Court
High Court
Court Station
High Court at Voi
Jurisdiction
Kenya
Case Number
Civil Appeal E006 of 2025
Procedural Posture
Civil Appeal / Ruling on Stay of Execution and Payment of Decretal Sum Pending Appeal
Outcome
Conditional stay of execution granted pending appeal upon payment of part of the decretal sum.
Judges
AN Ongeri
Legal Topics
Quantum of Damages, Stay of Execution, Appeals Process
Source Language
en
Civil Procedure Tort Law Quantum of Damages Stay of Execution Appeals Process

Source-derived case record

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Parties

Sanita Investments Limited

Appellant

Thande Mbuga Njau

Respondent

Miriam Ruth Kyabaki

Respondent

Procedural Posture

Civil Appeal / Ruling on Stay of Execution and Payment of Decretal Sum Pending Appeal

Legal Issues

  1. 1 Whether the appellant is entitled to a stay of execution pending appeal on condition of payment of part of the decretal sum.
  2. 2 Whether the quantum of damages awarded by the lower court should be disturbed pending appeal.

Ratio Decidendi

The court found that the appellant had satisfied the requirements for grant of stay of execution pending appeal, provided that it pays Kshs. 1,000,000 to the respondents through their advocates within 30 days. The court exercised its discretion to balance the interests of both parties: securing the respondents' entitlement to part of the decretal sum while preserving the appellant's right to pursue the appeal on quantum. The stay of execution was thus made conditional upon payment, ensuring that the appeal is not rendered nugatory and that the respondents are not unduly prejudiced.

Court Disposition

Conditional stay of execution granted pending appeal upon payment of part of the decretal sum.

Orders

  • The appellant shall pay the respondents Kshs. 1,000,000 through the advocates on record within 30 days.
  • Stay of execution pending appeal is granted on the above condition.