- By an application dated 27th April, 2024 the Applicant sought for stay of Execution of the judgment / decree dated 26.3.2024 in Migori CMCC NO. 70 of 2019 pending hearing and determination of the application and the appeal.
- The Applicant prayed for the court orders the Applicant to furnish security in the form of a bank guarantee for the decretal sum of Kshs. 305,700/= pending hearing and determination of the Appeal.
- The Application was brough pursuant to Article 159 of the Constitution Order 42 Rule 6, Order 22 Rule 22 and Orders 51 Rule 1 of the Civil Procedure Rules.
- The Application is supported by the grounds on its face and supporting affidavit sworn by Charles New Nyamote on 27.4.2024.
- The Respondent opposed the application vide Replying Affidavit sworn by Judith Anyango Obano on 22.5.2024.
- The Application herein was canvassed by way of written submissions. The court has considered the rival submissions by Applicant dated ………………… and by the Respondent dated 3rd July 2024 and find that judgment against which appeal is filed having bee delivered on 26.3.2024 and the Appeal and application herein having been filed on 27.4.2024 there was no inordinate delay
- Additionally, the Appellant having offered to deposit security for costs this court finds that if the order is not granted the appeal will be rendered nugatory.
- The Application for stay is therefore allowed on condition that the Applicant furnishes security for costs in the form of bankers guarantee for the decretal sum of Kshs. 306,700/= within 14 days of todays cost of the application in the cause. The orders herein apply to HCA Nos. E022 and E023 OF 2024.
- Mention on 27.1.2024 to confirm Records of Appeal filed and served.
Delivered dated and signed at Migori this 11th day of December, 2024