RULING
1. Whereas the appellant has vide a Notice of Motion dated 14.7.2026 craved for order of stay of execution pending hearing and determinal of this appeal in respect of the judgment delivered on 4.6.2026 in Milimani SCCCOMM/E97442/2025, the respondent is not opposed to the grant of stay orders save that the appellant be ordered to deposit the entire decretal sum of plus costs amounting to ksh.161,000/- in court.
2. The appellant on the other hand prays that he be allowed to deposit 50% of the judgment sum plus costs.
3. The furnishing of security by the appellant is aimed at safeguarding the interest of the decree holder while awaiting the determination of the appeal wherefore this court would not condone a situation where a decree holder may in the future be tasked with execution in the event the appeal fails.
4. Upon balancing the convenience and interests of both parties, I am inclined to this application and I make the following orders.
(i) That an order of stay of execution of the judgment delivered on 4.6.2026 in Milimani SCCCOMM/E97442/2025 is granted until this appeal is heard and determined on condition that the appellant deposits a sum of kshs.161,000 in court within 45 days from the dater hereof.
(ii) That in the event of default incompliance with order (i) hereinabove the stay orders shall automatically lapse.
(iii) Given the concession made by the respondent to the appellant, I will award him costs assessed at kshs.10,000/= payable within 45 days from the date hereof
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 28th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of;-
Kimanthi for the appellant
MS. Muriithi for the Respondent
Aziza – Court Assistant;
1. Whereas the appellant has vide a Notice of Motion dated 14.7.2026 craved for order of stay of execution pending hearing and determinal of this appeal in respect of the judgment delivered on 4.6.2026 in Milimani SCCCOMM/E97442/2025, the respondent is not opposed to the grant of stay orders save that the appellant be ordered to deposit the entire decretal sum of plus costs amounting to ksh.161,000/- in court.
2. The appellant on the other hand prays that he be allowed to deposit 50% of the judgment sum plus costs.
3. The furnishing of security by the appellant is aimed at safeguarding the interest of the decree holder while awaiting the determination of the appeal wherefore this court would not condone a situation where a decree holder may in the future be tasked with execution in the event the appeal fails.
4. Upon balancing the convenience and interests of both parties, I am inclined to this application and I make the following orders.
(i) That an order of stay of execution of the judgment delivered on 4.6.2026 in Milimani SCCCOMM/E97442/2025 is granted until this appeal is heard and determined on condition that the appellant deposits a sum of kshs.161,000 in court within 45 days from the dater hereof.
(ii) That in the event of default incompliance with order (i) hereinabove the stay orders shall automatically lapse.
(iii) Given the concession made by the respondent to the appellant, I will award him costs assessed at kshs.10,000/= payable within 45 days from the date hereof
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 28th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of;-
Kimanthi for the appellant
MS. Muriithi for the Respondent
Aziza – Court Assistant;