1. This Ruling emanates from the application dated 2nd September, 2024 brought by the Applicants who seek the following prayers against the Respondent:
1. [Spent].
2. [Spent].
3. THAT this Honourable Court be pleased to order a stay of execution of the judgement/decree issued on 17th May, 2024 by the Honourable H.A. Okello in Milimani CMCC No. E10675 of 2021 pending the hearing of the Applicants’ intended appeal.
4. THAT this Honourable Court be pleased to grant leave to the Applicant to appeal against the judgement and decree issued on 17th May, 2024 by the Honourable H.A. Okello in Milimani CMCC No. E10675 of 2021 in favour of the Plaintiffs as against the Defendants/Appellants/Intended Appellants in the sum of Ksh.806,350/-.
5. THAT this Honourable Court be pleased to grant the Applicants leave to secure the decretal sum by way of bank guarantee from a reputable bank within the Republic of Kenya as adequate security pending the hearing and determination of this application and the intended appeal.
6. THAT this Honourable Court be pleased to issue any other order and/or direction it deems fit to grant in the circumstances.
7. [Spent].
8. THAT the costs of this application abide the outcome of the appeal.
2. The motion is premised on 16 grounds set up on its face and supported by the affidavit of Quincy Bosire, Advocate sworn on 2nd September, 2024, which expounds on the listed grounds.
3. The application was served upon the Respondents to the satisfaction of the court. The Respondents did not resist the motion and I will in the premises treat the same as unopposed.
4.As the motion is not opposed, I will proceed to allow it in the following terms:
a. Leave is granted to the Applicant to appeal against the judgement and decree issued on 17th May, 2024 by the Honourable H.A. Okello in Milimani CMCC No. E10675 of 2021 on the condition that the intended appeal is filed within 14 days.
b. Subject to the Applicant complying with (a) above, an order of stay of execution of the judgement and decree issued in Milimani CMCC No. E10675 of 2021 is hereby granted pending the hearing and determination of the Appellant’s intended appeal on the condition that the Appellant deposits in court security of Ksh.806,350/- within 60 days from the date hereof.
c. Costs of the application to abide the outcome of the intended appeal.
Delivered (virtually), Signed and Dated this 16th day of December, 2024.
JOE M. OMIDO
JUDGE
FOR APPLICANTS: Mr. Bosire.
FOR RESPONDENT: No appearance.
COURT ASSISTANT: Ms. Njoroge.