RULING
1. Vide a Notice of Motion dated 29.6.2026, the appellant craved for orders of stay of execution pending appeal of the judgment delivered on 29.5.2026 in Milimani SCCCOMM E3724 of 2026.
2. Whereas the respondent was duly served with the application as evident from the affidavit of service dated 27.7.2026, no response was filed wherefore the application stands unopposed.
3. Premised upon the foregoing reasons, I do find that this application is well merited and I 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 29.5.2026 in Milimani SCCOMM /E3724/2026 until this appeal is heard and determined on condition that he appellant do deposit a sum of kshs.66,105 in court within 45 days from the date hereof.
(ii) That in the event of default in compliance with order (i) herein above, the stay orders will automatically lapse and the respondent shall be at liberty to execute.
(iii) The appellant shall bear the costs of this application.
Delivered, signed and dated at Milimani this 29th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of
MS Kiprop for the Appellant
N/A for Respondent
Aziza- Court Assistant
1. Vide a Notice of Motion dated 29.6.2026, the appellant craved for orders of stay of execution pending appeal of the judgment delivered on 29.5.2026 in Milimani SCCCOMM E3724 of 2026.
2. Whereas the respondent was duly served with the application as evident from the affidavit of service dated 27.7.2026, no response was filed wherefore the application stands unopposed.
3. Premised upon the foregoing reasons, I do find that this application is well merited and I 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 29.5.2026 in Milimani SCCOMM /E3724/2026 until this appeal is heard and determined on condition that he appellant do deposit a sum of kshs.66,105 in court within 45 days from the date hereof.
(ii) That in the event of default in compliance with order (i) herein above, the stay orders will automatically lapse and the respondent shall be at liberty to execute.
(iii) The appellant shall bear the costs of this application.
Delivered, signed and dated at Milimani this 29th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of
MS Kiprop for the Appellant
N/A for Respondent
Aziza- Court Assistant