1. The application before me is the one dated 2nd August, 2024 in which the applicant seeks a stay of execution of the judgment dated 26th July 2024 in MCCCC679 of 2019. Having considered the said application, the affidavit in support and upon hearing the oral submissions made by learned counsels, it is my view that the application is merited. This is more so noting that the respondent is not opposed to the said application, so long as the appellant is willing to furnish security equivalent to the decretal amount.
2. Accordingly, the application dated 2nd August, 2024 is allowed on condition that the amount of US$ 21,000 at the exchange rate of 128 Kshs to the US$ is deposited in a joint interest earning account in the names of both counsels within 45 days of the date of this ruling. In default of these orders, the stay orders shall automatically lapse without reference to this court and the respondents shall be at liberty to execute.
3. Further, in order to expedite the hearing and determination of the appeal, the record of appeal shall be filed and served within the same period of 45 days. Additionally, leave is granted to the respondent to file a cross appeal if need be within 30 days of service.
4. This matter shall be mentioned to confirm compliance and for further directions on the appeal on 31st July, 2025.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 3RD DAY OF JUNE 2025.
F. MUGAMBI
JUDGE
2. Accordingly, the application dated 2nd August, 2024 is allowed on condition that the amount of US$ 21,000 at the exchange rate of 128 Kshs to the US$ is deposited in a joint interest earning account in the names of both counsels within 45 days of the date of this ruling. In default of these orders, the stay orders shall automatically lapse without reference to this court and the respondents shall be at liberty to execute.
3. Further, in order to expedite the hearing and determination of the appeal, the record of appeal shall be filed and served within the same period of 45 days. Additionally, leave is granted to the respondent to file a cross appeal if need be within 30 days of service.
4. This matter shall be mentioned to confirm compliance and for further directions on the appeal on 31st July, 2025.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 3RD DAY OF JUNE 2025.
F. MUGAMBI
JUDGE