(Appeal from judgement and decree, of Hon. Kassim Akida, Resident Magistrate/Adjudicator, delivered on 9th October 2025, in Busia SCCCOMM No. E168 of 2023)
RULING
1. I am called upon to determine an application, dated 18th September 2025. It seeks stay of execution pending appeal. An appeal has been filed herein, and the application is filed within the appeal.
2. To do justice to both sides, I do hereby allow the said application. Let the appellant deposit in court, the total judgement sum of Kshs. 81,000.00, in 30 days, in default of which the stay order shall lapse.
3. Let the deputy Registrar call for the original trial court records, from the trial court. The appellant shall file and serve its record of appeal, within 30 days. The matter shall be mentioned, on 17th February 2026, for directions on disposal. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 22ND DAY OF DECEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Mulama, instructed by Abok Odhiambo & Company, Advocates for the appellant.
Mr. Onyancha, instructed by DN Onyancha & Company, Advocates for the respondent.
RULING
1. I am called upon to determine an application, dated 18th September 2025. It seeks stay of execution pending appeal. An appeal has been filed herein, and the application is filed within the appeal.
2. To do justice to both sides, I do hereby allow the said application. Let the appellant deposit in court, the total judgement sum of Kshs. 81,000.00, in 30 days, in default of which the stay order shall lapse.
3. Let the deputy Registrar call for the original trial court records, from the trial court. The appellant shall file and serve its record of appeal, within 30 days. The matter shall be mentioned, on 17th February 2026, for directions on disposal. Orders accordingly.
DELIVERED, VIA EMAIL, DATED AND SIGNED IN CHAMBERS, AT BUSIA, ON THIS 22ND DAY OF DECEMBER 2025.
WM MUSYOKA
JUDGE
Mr. Arthur Etyang, Court Assistant.
Advocates
Mr. Mulama, instructed by Abok Odhiambo & Company, Advocates for the appellant.
Mr. Onyancha, instructed by DN Onyancha & Company, Advocates for the respondent.