[1993] KECA 34 (KLR)
The Court of Appeal determined that, while the applicant's concerns about recoverability were valid, the respondent's urgent need for medical expenses due to total paralysis warranted partial payment. The court exercised its discretion to order that KES 1,000,000 be paid directly to the respondent for medical...
Source-derived case information.
- Citation
- [1993] KECA 34 (KLR)
- Parties
- Applicant: Spie Batignolles (K) Ltd; Respondent: Stanley Aramis Kibet
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- ? 275 of 1993
- Procedural Posture
- Stay Application / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution allowed in part.
- Legal Topics
- Stay of Execution, Security for Decretal Sum, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Spie Batignolles (K) Ltd
Applicant
Stanley Aramis Kibet
Respondent
Procedural Posture
Stay Application / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether a stay of execution should be granted pending appeal.
- 2 What amount, if any, should be paid to the respondent for medical expenses pending appeal.
- 3 How the balance of the decretal sum should be secured during the pendency of the appeal.
Ratio Decidendi
The Court of Appeal determined that, while the applicant's concerns about recoverability were valid, the respondent's urgent need for medical expenses due to total paralysis warranted partial payment. The court exercised its discretion to order that KES 1,000,000 be paid directly to the respondent for medical expenses, considering this amount fair and reasonable. The balance of the decretal sum was to be deposited in a joint interest-bearing account in the names of the advocates for both parties, thereby securing the applicant's interests pending the outcome of the appeal. This arrangement balanced the need to prevent irreparable harm to the respondent with the need to protect the...
Court Disposition
Application for stay of execution allowed in part.
Orders
- The applicant shall pay KES 1,000,000 to the respondent, Stanley Aramis Kibet, for medical expenses.
- The balance of the decretal sum shall be deposited in a joint interest-bearing account in the names of the advocates for both parties.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA IN THE COURT OF APPEAL OF KENYA
AT NAIROBI
Civ Appli 275 of 1993 (NAI 118/93UR)
Spie Batignolles (K) Ltd………………………..APPLICANT
Versus
Stanley Aramis Kibet…………………...…..RESPONDENT
RULING
December 1, 1993, Cockar, Omolo and Tunoi JJ A delivered the following Ruling.
Judgment was entered against the respondents by M Msagha J on 29 July, 1993 in the sum of Shs 4,152,640/=. The applicant’s application for stay of execution pending appeal lodged in the Superior Court was heard by the said judge on 22nd October, 1993. He ordered inter alia that a sum of Shs 2,000,000/= be paid by the applicant to the respondent within 21 days and that the balance of the decretal amount be paid into an interest earning account opened in the joint names of the applicant’s and the respondent’s advocates.
The applicant is aggrieved by the said order of the learned judge and avers that the respondent who is totally paralysed, unemployed and incapable of earning any income may not be able to repay the sum paid to him in the event of the appeal being successful.
Considering all the particular circumstances of this case and the fact that the respondent needs some money for his medical expenses, we are of the view that he should have some amount of money paid to him for such purpose. This should be Shs 1,000,000/= which we think is fair and reasonable in the circumstances. The balance of the decretal sum shall be paid into a joint interest bearing account in the names of the respondent’s and the applicant’s advocates. The cost of this application shall be in the appeal.
The cheque for Shs 1,000,000/= shall be made out in the name of the respondent Stanley Aramis Kibet.
December 1, 1993
Cockar, Omolo & Tunoi, JJ A