In the application dated 13.06.2023 the Appellant seeks stay pending appeal from a decision of the Small Claims Court. Counsel for the Respondent accepts security on terms upon which I allow the application as follows:
1. There shall be a stay of execution pending the hearing and determination of the appeal or further orders of this court on terms hereunder.
2. The Appellant shall deposit the sum of Kshs. 1,200,000 in a joint interest earning account in the names of the Advocates for both parties within 21 days from the date hereof. In default of any agreement, the amount shall be deposited in court.
3. The stay shall remain in force for one year unless extended by the court.
4. In default of any conditions, the stay order shall lapse.
5. Mention on 12.07.2023 to confirm filing of record of appeal and for directions.
DATED and DELIVERED at NAIROBI this 16th day of JUNE 2023
D. S. MAJANJA
JUDGE