[2025] KEHC 5397 (KLR)
The court found that the applicants had satisfied the requirements for stay of execution pending appeal as set out in Order 42 Rule 6 of the Civil Procedure Rules. The applicants demonstrated that they would suffer substantial loss if execution proceeded, as the respondent could enforce the judgment and potentially...
Source-derived case information.
- Citation
- [2025] KEHC 5397 (KLR)
- Parties
- Appellant: Joyce Wangui Wachira; Appellant: Paddy Distributors Ltd; Respondent: Samuel Kabue Menja
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E015 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Stay Application Pending Appeal
- Outcome
- application allowed with conditions
- Judges
- EN Maina
- Legal Topics
- Stay of Execution, Appeals Process, Security for Decree
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Wangui Wachira
Appellant
Paddy Distributors Ltd
Appellant
Samuel Kabue Menja
Respondent
Procedural Posture
Civil Appeal / Ruling on Stay Application Pending Appeal
Legal Issues
- 1 Whether the applicants have satisfied the conditions for grant of stay of execution pending appeal under Order 42 Rule 6 of the Civil Procedure Rules.
- 2 Whether substantial loss will result to the applicants if stay is not granted.
- 3 Whether the application was made without unreasonable delay.
Ratio Decidendi
The court found that the applicants had satisfied the requirements for stay of execution pending appeal as set out in Order 42 Rule 6 of the Civil Procedure Rules. The applicants demonstrated that they would suffer substantial loss if execution proceeded, as the respondent could enforce the judgment and potentially render the appeal nugatory. The application was filed without unreasonable delay, and the applicants expressed willingness to deposit security for the due performance of the decree. Consequently, the court exercised its discretion to grant a conditional stay of execution, requiring the entire decretal sum to be deposited in court or in a joint interest-earning account within 30...
Court Disposition
application allowed with conditions
Orders
- Stay of execution of the judgment in SCCC No. E1313/2024 pending appeal is granted, conditional upon the entire decretal sum being deposited in court or in an interest-earning account in the joint names of counsel for the parties within 30 days.
- The applicants shall bear the costs of this application.
Full Case Text
Judgment text and source record
27 paragraphs
Wachira & another v Menja (Civil Appeal E015 of 2025) [2025] KEHC 5397 (KLR) (30 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5397 (KLR)
Republic of Kenya
In the High Court at Machakos
Civil Appeal E015 of 2025
EN Maina, J
April 30, 2025
Between
Joyce Wangui Wachira
1st Appellant
Paddy Distributors Ltd
2nd Appellant
and
Samuel Kabue Menja
Respondent
Ruling
1. This ruling relates to the Notice of Motion dated 28th January 2025. The motion seeks a stay of execution of the judgement of the Small Claims Court delivered on 16th January 2025 in SCCC No. E1313/2024 pending the determination of the application interpartes and pending the hearing and determination of the appeal.
2. The motion is opposed. The same was canvassed by way of written submissions.
3. I have carefully considered the application, the replying affidavit and the submissions from both parties.
4. Stay of execution is governed by Order 42 Rule 6 (1) & (2) of the Civil Procedure Rules which provides that an application for an order for stay of execution must fulfill the following conditions: - That substantial loss may result unless the order is made.
That the application has been made without unreasonable delay.
That the applicant is willing to deposit such security as the court shall order for the due performance of such decree as may ultimately be binding on him.
5. The Applicant seeks to stay execution of the judgement of the Small Claims Court No.E1313/2024 pending hearing of the appeal preferred against that judgement. The Judgement relates to a motor vehicle damage claim in a road traffic accident where the Small Claims Court awarded Kshs 552,020 as damages plus cost and interest of the claim from the date of filing of the claim.
6. I am satisfied that the appeal filed raises triable issues. The applicant has prima facie demonstrated that he is likely to suffer substantial loss. That the respondents can institute execution proceedings against the applicant which will render the appeal nugatory if successful. The application has been filed timeously. I find that this application has merit.
7. Accordingly, the application is allowed and stay of execution pending appeal is granted on condition that the entire decretal sum is deposited either in court or in an interest earning account in the joint names of Counsel for the parties within 30 days of this ruling.
8. The Applicant shall bear the costs of this application.Orders accordingly.
RULING SIGNED, DATED AND DELIVERED VIRTUALLY THIS 30TH DAY OF APRIL, 2025. E. N. MAINAJUDGEIn the presence of:Ms Chepwogen for Maluki for the RespondentMr. Asiyo for Nzavi for the Appellant/applicantMiriam – Court Assistant