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JudgmentMOSES JUMA KIPRONO RUTTOH VS CFC STANBIC BANK1 min read

MOSES JUMA KIPRONO RUTTOH VS CFC STANBIC BANK

High Court at Milimani High Court · · Visram Aleem Alnashir


1. The Motion dated 20 August 2024 has been considered tougher with the affidavit filed in support and reply dated 30 September 2024 in opposition to the same; and the submissions of the parties. 

2. The applicant has failed to comply with the conditions in relation to provision of security as issued by this court.

3. Further, no affidavit has been filed in support of the applicant submission that the applicant is unwell and could not raise the funds in time owing to illness. 

4. Further, the application has been grounded under the provision of Order 40 of the Civil Procedure Rules and not Order 42 rule 6, which is the applicable law relating to a stay of execution pending appeal. 

5. No security having been tendered, and the application having been grounded on the wrong provisions of the Civil Procedure Rules, the court is unable to grant the orders sought.

6. The application is accordingly dismissed with costs.

    MOSES JUMA KIPRONO RUTTOH VS CFC STANBIC BANK MOSES JUMA KIPRONO RUTTOH VS CFC STANBIC BANK