Tosha Power System Limited v Oruma (Civil Appeal E081 of 2025) [2026] KEHC 5088 (KLR) (17 April 2026) (Ruling)

The appellant failed to demonstrate substantial loss likely to arise, did not properly comply with the condition for deposit of security for costs, and abused the court process by filing multiple similar applications; therefore, the application for stay is dismissed.

Citation: [2026] KEHC 5088 (KLR)
Parties: Appellant: Tosha Power System Limited; Respondent: Bonventure Oruma
Court: High Court
Jurisdiction: Kenya
Judgment Date: 17 April 2026
Case Number: Civil Appeal E081 of 2025
Procedural Posture: Civil Appeal / Ruling on Interlocutory Application for Stay of Execution Pending Appeal
Outcome: application dismissed
Legal Topics: Stay of Execution, Security for Costs, Abuse of Court Process
Source Language: English

Civil Procedure Stay of Execution Security for Costs Abuse of Court Process

Case Brief

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Parties

Tosha Power System Limited

Appellant

Bonventure Oruma

Respondent

Procedural Posture

Civil Appeal / Ruling on Interlocutory Application for Stay of Execution Pending Appeal

Legal Issues

1 Whether the appellant is entitled to stay of execution pending appeal
2 Whether the appellant has complied with conditions for stay including deposit of security for costs
3 Whether repeated applications constitute abuse of court process

Ratio Decidendi

Court Disposition

application dismissed

Orders

Application for stay of execution pending appeal dismissed with costs to the respondent