[2023] KEHC 20606 (KLR)
The court found that the appellant, having expressed dissatisfaction with the trial court's judgment and filed an appeal, is entitled to seek a stay of execution. The court considered whether the circumstances justified a stay and determined that it was appropriate to grant the stay, subject to the appellant...
Source-derived case information.
- Citation
- [2023] KEHC 20606 (KLR)
- Parties
- Appellant: Tumaz & Tumaz; Respondent: Ryce East Africa Limited
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E055 of 2022
- Procedural Posture
- Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
- Outcome
- Application for stay of execution pending appeal allowed with conditions.
- Judges
- WM Musyoka
- Legal Topics
- Stay of Execution, Appeals Process, Security for Judgment, Interlocutory Applications
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Tumaz & Tumaz
Appellant
Ryce East Africa Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Stay of Execution Pending Appeal
Legal Issues
- 1 Whether the appellant is entitled to a stay of execution of the judgment pending appeal.
- 2 What conditions, if any, should be imposed for the grant of stay of execution.
Ratio Decidendi
The court found that the appellant, having expressed dissatisfaction with the trial court's judgment and filed an appeal, is entitled to seek a stay of execution. The court considered whether the circumstances justified a stay and determined that it was appropriate to grant the stay, subject to the appellant depositing half of the judgment sum in court within 45 days as security. The court further directed the appellant to file and serve the record of appeal within 30 days and ordered the Deputy Registrar to call for the original trial records, ensuring the appeal process proceeds expeditiously. The stay was granted to preserve the subject matter of the appeal and prevent the appeal from...
Court Disposition
Application for stay of execution pending appeal allowed with conditions.
Orders
- Stay of execution of the judgment is granted pending appeal, on condition that the appellant deposits in court half of the judgment sum within 45 days.
- The appellant shall file and serve the record of appeal within 30 days.
Full Case Text
Judgment text and source record
21 paragraphs
Tumaz & Tumaz v Ryce East Africa Limited (Civil Appeal E055 of 2022) [2023] KEHC 20606 (KLR) (21 July 2023) (Ruling)
Neutral citation: [2023] KEHC 20606 (KLR)
Republic of Kenya
In the High Court at Kakamega
Civil Appeal E055 of 2022
WM Musyoka, J
July 21, 2023
Between
Tumaz & Tumaz
Appellant
and
Ryce East Africa Limited
Respondent
(Being an appeal from the ruling and order of Hon. G Ollimo, Senior Resident Magistrate, SRM, delivered on 28th July 2022, in Butere SPMCCC No. 100 of 2018)
Ruling
1. I have not had the benefit of seeing the original trial court records, inclusive of pleadings, save for the judgment delivered on 28th July 2022. The case for the appellant was dismissed, and the counterclaim by the respondent was allowed. The appeal herein arises from that judgment.
2. What I am called upon to determine, at this point, is the Motion, dated 25th August 2022, for stay of execution of the judgment pending appeal.
3. The appellant is entitled to appeal upon being dissatisfied with the determination of the trial court. The only thing for me to determine is whether to grant stay of execution, and if I am inclined to, on what terms.
4. I shall allow the application, dated 25th August 2019, having granted temporary orders on 19th September 2022. The stay is conditioned on the appellant depositing in court half of the judgment sum, within 45 days.
5. To move the matter forward, I direct the appellant to file and serve record of appeal within 30 days, and the Deputy Registrar to call for the original trial records right away. The matter shall be mentioned for directions within 45 days. Orders accordingly.
DELIVERED, DATED AND SIGNED IN OPEN COURT AT KAKAMEGA THIS 21ST DAY OF JULY 2023W MUSYOKAJUDGEMr. Erick Zalo, Court Assistant.AppearancesMr. Mulama, instructed by Javier Georgiadis & Sylvester LAW LLP, Advocates for the appellant.Ms. Loruto, instructed by Cecil Kouko & Associates, Advocates for the respondent.