RULING
1. The appellant approached this court vide a notice of motion dated 22.6.2026 supported by the affidavit of Ibrahim Ngunjiri sworn on even date, wherein it craved for orders of stay of execution of the decision of the trial court pending the hearing and determination of this appeal.
2. When this application came for hearing on 9.7.2026, Mr. Kamau for the 1st respondent submitted that his client was opposed to the grant of stay order and had duly filed a replying affidavit, save that he could make concession to the application if the appellant was to furnish security by depositing the judgment sum of kshs.1,100,000 in a joint interest earning account in the name of parties’ advocates within 30 days.
3. Mr. Makori counsel for the appellant submitted that the appellant is willing to deposit a bank guarantee.
4. I have considered the application, the affidavit sworn in support thereof and the one sworn by the 1st respondent in opposition thereto and I have also considered the oral submissions of parties’ counsels and I do find that this application is well merited.
5. I therefore allow it and I make the following orders.
(i) An order of stay of execution is hereby granted in respect of the judgment delivered on 19.6.2026. In Milimani SCCCOMM/E105192/2025 until this appeal is heard and determined on condition hat the appellant deposits a sum of kshs.1,100,000 in a joint interest earning account in the name of the parties’ advocates with a reputable bank within 45 days from the date hereof.
(ii) That in the event of default in compliance with order (i) hereinabove, the stay orders shall automatically lapse and the respondent shall be at liberty to execute.
(iii) Due to the concession made by the 1st respondent, I do hereby award him costs of this application assessed at kshs.12,000.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 9th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of;-
Mr. Makori for Appellant
Mr. Kamau for 1st Respondnet
Aziza – Court Assistant
1. The appellant approached this court vide a notice of motion dated 22.6.2026 supported by the affidavit of Ibrahim Ngunjiri sworn on even date, wherein it craved for orders of stay of execution of the decision of the trial court pending the hearing and determination of this appeal.
2. When this application came for hearing on 9.7.2026, Mr. Kamau for the 1st respondent submitted that his client was opposed to the grant of stay order and had duly filed a replying affidavit, save that he could make concession to the application if the appellant was to furnish security by depositing the judgment sum of kshs.1,100,000 in a joint interest earning account in the name of parties’ advocates within 30 days.
3. Mr. Makori counsel for the appellant submitted that the appellant is willing to deposit a bank guarantee.
4. I have considered the application, the affidavit sworn in support thereof and the one sworn by the 1st respondent in opposition thereto and I have also considered the oral submissions of parties’ counsels and I do find that this application is well merited.
5. I therefore allow it and I make the following orders.
(i) An order of stay of execution is hereby granted in respect of the judgment delivered on 19.6.2026. In Milimani SCCCOMM/E105192/2025 until this appeal is heard and determined on condition hat the appellant deposits a sum of kshs.1,100,000 in a joint interest earning account in the name of the parties’ advocates with a reputable bank within 45 days from the date hereof.
(ii) That in the event of default in compliance with order (i) hereinabove, the stay orders shall automatically lapse and the respondent shall be at liberty to execute.
(iii) Due to the concession made by the 1st respondent, I do hereby award him costs of this application assessed at kshs.12,000.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 9th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of;-
Mr. Makori for Appellant
Mr. Kamau for 1st Respondnet
Aziza – Court Assistant