The Appellant' s application dated 23.08.2023 for stay of the subordinate court proceedings is dismissed on the ground that there is an application pending before the Subordinate Court seeking to set aside the default judgment. It is this judgment that is being executed by way of garnishee proceedings. The Ruling before the Subordinate Court is scheduled for delivery on 27.10.2023. In the event the application to set aside succeeds, the garnishee proceedings will collapse as there will be no judgment to execute.
In the event the application fails, the Appellant will be at liberty to file an appeal against the decision refusing to set aside judgment and seek stay of execution of the decree pending appeal from that decision. As the orders appealed from are decisions regarding the execution of the ex-parte judgment which may or may not be set aside, I decline to stay the Subordinate Court proceedings.
Costs of the application in the appeal.
DATED and DELIVERED at NAIROBI this 19th day of OCTOBER 2023
D. S. MAJANJA
JUDGE
In the event the application fails, the Appellant will be at liberty to file an appeal against the decision refusing to set aside judgment and seek stay of execution of the decree pending appeal from that decision. As the orders appealed from are decisions regarding the execution of the ex-parte judgment which may or may not be set aside, I decline to stay the Subordinate Court proceedings.
Costs of the application in the appeal.
DATED and DELIVERED at NAIROBI this 19th day of OCTOBER 2023
D. S. MAJANJA
JUDGE