RULING
1. The Appellant approached this court vide a Notice of Motion dated 7/7/2026 wherein he craved for orders of stay of execution pending the hearing and determination of this appeal, in respect of the decree issued on 4/3/2024 in Milimani SCC No. E296 of 2024.
2. When this application came for hearing on 28/7/2026 the court confirmed that the Appellant had deposited security of Kshs200,000/= in court pursuant to the directions made by this court on 7/7/2026.
3. Given that the interest of the decree holder has been safeguarded, I find that the Appellant should be allowed to prosecute his appeal without any threat of imminent execution hanging over his head.
4. Premised on the reasons stated above, I find that this application is well merited and I allow it and I proceed to make the following orders:
(1) An order of stay of execution is hereby granted in respect of the decree dated 4/3/2024 issued in Milimani SCC No. E296 of 2024 until this appeal is heard and determined.
(2) The costs of this application shall abide the outcome of the appeal.
Delivered, Signed and Dated at Milimani this 28th day of July 2026.
M.S. SHARIFF
JUDGE
In the presence of:
Mr. Ochako for the Appellant.
Mr. Kamau Muriuki for the Respondent.
Aziza – Court Assistant.
1. The Appellant approached this court vide a Notice of Motion dated 7/7/2026 wherein he craved for orders of stay of execution pending the hearing and determination of this appeal, in respect of the decree issued on 4/3/2024 in Milimani SCC No. E296 of 2024.
2. When this application came for hearing on 28/7/2026 the court confirmed that the Appellant had deposited security of Kshs200,000/= in court pursuant to the directions made by this court on 7/7/2026.
3. Given that the interest of the decree holder has been safeguarded, I find that the Appellant should be allowed to prosecute his appeal without any threat of imminent execution hanging over his head.
4. Premised on the reasons stated above, I find that this application is well merited and I allow it and I proceed to make the following orders:
(1) An order of stay of execution is hereby granted in respect of the decree dated 4/3/2024 issued in Milimani SCC No. E296 of 2024 until this appeal is heard and determined.
(2) The costs of this application shall abide the outcome of the appeal.
Delivered, Signed and Dated at Milimani this 28th day of July 2026.
M.S. SHARIFF
JUDGE
In the presence of:
Mr. Ochako for the Appellant.
Mr. Kamau Muriuki for the Respondent.
Aziza – Court Assistant.