RULING
1. The Appellant has moved this court vide a Notice of Motion dated 6th June 2026, which is supported by his own affidavit sworn on even date and he craves for orders of certification of this application as urgent, orders of stay of execution of the judgment of Hon Corazone Muhonja Nangabo delivered on 8th May 2026 in Milimani SCCCOMM/E1211/2026, pending the hearing and determination of this appeal.
2. This court certified the application as urgent on 9th June 2026 and ordered that the status quo be mantainded.
3. When this application came up for hearing inter parte on 17th June 2026, the appellant submitted, at the prodding of this court, that he was ready and willing to deposit, within 45 days, the entire decretal sum in a joint interest earning account in the name of the respondent's advocates and himself, as security for the due settlement of the judgment sum in the event that his appeal does not succeed.
4. Mr Abdiaziz counsel for the respondent submitted that the respondent was opposed to the application and had filed a replying affidavit sworn 15th June 2026. He further submitted that a concession could only be made were the appellant to deposit the money in a join account of parties’ advocates within 30 days.
5. I have duly considered the application herein, the rival affidavits sworn in support thereof and in opposition thereto. I have also considered the submissions of the appellant and the respondent's counsel and I do find that the appellant has offered to furnish security in due compliance with the provisions of Orders 42 Rule 6 (2) (b) of the Civil Procedure Rules wherefore I am inclined to allow his application least his appeal is rendered nugatory by execution of the impugned judgment.
6. The orders that commend themselves to this court are as follows:
i) An order of stay of execution is hereby granted in respect of the judgment delivered on 8th May 2026 in Milimani SCCCOM/E1211/2026; Abdullahi Mohamud Mohamed Vs Moses Ouma Paul, until the appeal herein is heard and determined on the following conditions;
a) The appellant to deposit, within 45 days from the date hereof, the entire decretal sum of Ksh 649,641/- plus assessed cost of Ksh in a joint interest earning account in the names of the appellant and the respondent's advocates with a reputable bank.
b) In the event of default in compliance with order 1(a) hereinabove, the stay order shall automatically lapse and the respondent shall be at liberty to execute.
ii) The costs of this application shall abide the outcome of the appeal.
IT IS HERBY SO ORDERED
Delivered, Dated and Signed at Milimani this 17th day of June 2026.
M. S. Shariff
Judge
1. The Appellant has moved this court vide a Notice of Motion dated 6th June 2026, which is supported by his own affidavit sworn on even date and he craves for orders of certification of this application as urgent, orders of stay of execution of the judgment of Hon Corazone Muhonja Nangabo delivered on 8th May 2026 in Milimani SCCCOMM/E1211/2026, pending the hearing and determination of this appeal.
2. This court certified the application as urgent on 9th June 2026 and ordered that the status quo be mantainded.
3. When this application came up for hearing inter parte on 17th June 2026, the appellant submitted, at the prodding of this court, that he was ready and willing to deposit, within 45 days, the entire decretal sum in a joint interest earning account in the name of the respondent's advocates and himself, as security for the due settlement of the judgment sum in the event that his appeal does not succeed.
4. Mr Abdiaziz counsel for the respondent submitted that the respondent was opposed to the application and had filed a replying affidavit sworn 15th June 2026. He further submitted that a concession could only be made were the appellant to deposit the money in a join account of parties’ advocates within 30 days.
5. I have duly considered the application herein, the rival affidavits sworn in support thereof and in opposition thereto. I have also considered the submissions of the appellant and the respondent's counsel and I do find that the appellant has offered to furnish security in due compliance with the provisions of Orders 42 Rule 6 (2) (b) of the Civil Procedure Rules wherefore I am inclined to allow his application least his appeal is rendered nugatory by execution of the impugned judgment.
6. The orders that commend themselves to this court are as follows:
i) An order of stay of execution is hereby granted in respect of the judgment delivered on 8th May 2026 in Milimani SCCCOM/E1211/2026; Abdullahi Mohamud Mohamed Vs Moses Ouma Paul, until the appeal herein is heard and determined on the following conditions;
a) The appellant to deposit, within 45 days from the date hereof, the entire decretal sum of Ksh 649,641/- plus assessed cost of Ksh in a joint interest earning account in the names of the appellant and the respondent's advocates with a reputable bank.
b) In the event of default in compliance with order 1(a) hereinabove, the stay order shall automatically lapse and the respondent shall be at liberty to execute.
ii) The costs of this application shall abide the outcome of the appeal.
IT IS HERBY SO ORDERED
Delivered, Dated and Signed at Milimani this 17th day of June 2026.
M. S. Shariff
Judge