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High Court granted stay of execution pending appeal, finding the appeal arguable, the application timely, and the appellant had complied with the security order.
Kenya Hotel Properties Ltd & another v Willisden Investments Ltd & 2 others (Civil Appeal (Application) E815 of 2025 & Civil Application E577 of 2025 (Consolidated)) [2026] KECA 1654 (KLR) (31 July 2026) (Ruling)
The Court dismissed both stay applications because the applicants failed to satisfy either limb of Rule 5(2)(b). The Court held that the decree remained valid and enforceable, the complaints about the bank guarantee and the ELC judgment were already entangled in other proceedings, and the applicants had engaged in multiple parallel proceedings over the same subject matter. The Court further held that the applications raised no bona fide arguable appeal warranting the extraordinary remedy of stay, and that the decree was a money decree with no cogent evidence that the 1st respondent could not…
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Bethany Vineyards Limited & another v Equity Bank Limited & 2 others (Civil Suit 518 of 2011) [2026] KEHC 10335 (KLR) (Commercial and Tax) (19 June 2026) (Ruling)
The applicant failed to satisfy the mandatory conditions for stay under Order 42 Rule 6. The court found no arguable grounds in the draft appeal, no proof of substantial loss, and no appropriate security because the offered apartments were not shown to be the applicant's property and, in any event, a monetary decree required monetary security. The motion was therefore unmeritorious and was dismissed.
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