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JudgmentISAAC THENDEU WAMBUI VS ELIPHAS MBAE KIRERA AND JAMES KIMUNYA1 min read

ISAAC THENDEU WAMBUI VS ELIPHAS MBAE KIRERA AND JAMES KIMUNYA

High Court at Milimani High Court · · Visram Aleem Alnashir

  1. I have considered the application dated 6 November 2024 seeking a stay of execution together with the submissions of the parties. 
  2. The court had given the parties time to agree on a sum to be deposited in court as a condition for stay pending appeal. 
  3. The applicant and respondent have not agreed on the amount and the respondent has stated it cannot raise any amount.
  4. This is not sufficient. A decree holder is entitled to the fruits of its judgment and may not be deprived of the same absent sufficient security pending the appeal.
  5. Further, Order 42 rule 6 requires that security be furnished as a condition for stay pending appeal.
  6. The court of is the view that the sum of Kshs 500,000/- proposed by the respondent is reasonable and orders that the same be deposited in court as security for stay.
  7. A stay pending appeal is granted on condition that the said sum be deposited in court within the next 45 days failure to which the stay shall lapse and the application shall stand dismissed with costs.