[2021] KEHC 8820 (KLR)
The court found that the application for stay of execution was made without inordinate delay and that the appeal is limited to the quantum of damages. Recognizing that if the appeal succeeds, the award will be reduced but not entirely set aside, the court exercised its discretion to grant a conditional stay. The...
Source-derived case information.
- Citation
- [2021] KEHC 8820 (KLR)
- Parties
- Appellant: Thomas Mutala Kingoo; Respondent: Priscilla Mumo Ndunda
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E171 of 2020
- Procedural Posture
- Civil Appeal / Stay of Execution Application Pending Appeal
- Outcome
- Conditional stay of execution granted pending appeal.
- Judges
- A Mbogholi-Msagha
- Legal Topics
- Stay of Execution, Quantum of Damages, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Thomas Mutala Kingoo
Appellant
Priscilla Mumo Ndunda
Respondent
Procedural Posture
Civil Appeal / Stay of Execution Application Pending Appeal
Legal Issues
- 1 Whether the applicant is entitled to a stay of execution of the lower court judgment pending appeal.
- 2 Whether the conditions for granting a stay of execution have been met.
Ratio Decidendi
The court found that the application for stay of execution was made without inordinate delay and that the appeal is limited to the quantum of damages. Recognizing that if the appeal succeeds, the award will be reduced but not entirely set aside, the court exercised its discretion to grant a conditional stay. The applicant is required to pay part of the decretal sum to the respondent and deposit the balance in a joint interest-earning account held by the advocates for both parties. This approach balances the interests of both parties, ensuring that the respondent enjoys partial benefit of the judgment while securing the remainder pending the outcome of the appeal. Costs are to abide by the...
Court Disposition
Conditional stay of execution granted pending appeal.
Orders
- Stay of execution granted on condition that the applicant pays the respondent Kshs. 200,000 within 30 days.
- The balance of the decretal sum to be deposited in an interest earning account in the names of the advocates for the parties within 30 days from the date of the ruling.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CIVIL APPEAL NO. E171 OF 2020
THOMAS MUTALA KINGOO ....................... APPELLANT
VERSUS
PRISCILLA MUMO NDUNDA ................... RESPONDENT
RULING
This is an application for stay of execution of the lower court judgment. The respondent has a judgment in her favour against the applicant. This judgment was delivered on 7th August, 2020. The application was filed on 4th September and no inordinate delay has been alleged. The memorandum of appeal dated 14th August, 2020 was filed on 17th August, 2020.
The application is opposed and there are grounds of opposition filed on behalf of the respondent. The intended appeal is against quantum of damages. The lower court awarded Kshs. 400,000/= general damages less 10 % liability and Kshs. 3550/= special damages plus costs and interest.
I have looked at the submissions by both parties. If the appeal succeeds the award will be reduced but not entirely struck out. The order that commends itself is that there shall be a stay of execution provided that the applicant shall pay the respondent Kshs. 200,000/= and the balance of the decretal sum shall be deposited in an interest earning account in the names of the advocates appearing for the parties within 30 days from the date of this ruling. The costs shall abide by the decision of the appeal.
Dated, signed and delivered at Nairobi this 4th day of March, 2021.
A. MBOGHOLI MSAGHA
JUDGE