[2018] KEHC 6142 (KLR)
The court found that the appellants had satisfied the threshold for the grant of a stay of execution pending appeal, subject to the provision of security. The court exercised its discretion to grant a stay on the condition that the appellants deposit Kshs. 300,000 in court within 30 days. The stay would be in force...
Source-derived case information.
- Citation
- [2018] KEHC 6142 (KLR)
- Parties
- Appellant: Stacy Mwikali; Appellant: Ismail Nyakundi Onsinyo (both t/a Lighthouse Designs); Respondent: Rose Obaga
- Court
- High Court
- Court Station
- High Court at Kisii
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 28 of 2018
- Procedural Posture
- Civil Appeal / Ruling on Stay Pending Appeal
- Outcome
- Stay of execution granted on terms.
- Legal Topics
- Stay of Execution, Appeal Procedure, Security for Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stacy Mwikali
Appellant
Ismail Nyakundi Onsinyo (both t/a Lighthouse Designs)
Appellant
Rose Obaga
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Pending Appeal
Legal Issues
- 1 Whether the court should grant a stay of execution pending appeal.
- 2 What conditions should be imposed for the grant of stay pending appeal.
Ratio Decidendi
The court found that the appellants had satisfied the threshold for the grant of a stay of execution pending appeal, subject to the provision of security. The court exercised its discretion to grant a stay on the condition that the appellants deposit Kshs. 300,000 in court within 30 days. The stay would be in force for six months and would lapse unless renewed. This approach balanced the appellants' right to appeal with the respondent's right to enjoy the fruits of judgment, in accordance with the principles under Order 42 Rule 6 of the Civil Procedure Rules.
Court Disposition
Stay of execution granted on terms.
Orders
- A stay of execution pending appeal is granted on condition that the appellants deposit Kshs. 300,000 in court within 30 days.
- The stay shall be tenable for six months and shall lapse unless otherwise renewed.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL APPEAL NO. 28 OF 2018
BETWEEN
STACY MWIKALI ..................................................................................................1ST APPELLANT
ISMAIL NYAKUNDI ONSINYO (BOTH T/A LIGHTHOUSE DESIGNS)......2ND APPELLANT
AND
ROSE OBAGA............................................................................................................. RESPONDENT
(An Appeal arising from the Ruling and Order dated 14th March 2018 in Chief Magistrate’s Court at Kisii in Civil Suit No. 113 of 2017 by Hon. Nathan Shiundu Lutta SPM)
RULING
In essence, the two applications before me by the appellants and respondent are a fight on whether the court should grant orders of stay pending appeal following Judgment entered against the appellants. I have considered the same and I shall order a stay pending appeal on terms that the appellants shall deposit Kshs. 300,000/= in court within 30 days. The stay shall be tenable for six months and shall lapse unless otherwise renewed.
D.S MAJANJA , J
19/6/2018
Court: Ruling read and delivered in open court.
D.S MAJANJA, J
19/6/2018