RULING
1. Vide a Notice of Motion dated 17.7.2026, the appellant moved this court for orders of stay of execution pending appeal against the ruling delivered on 15.7.2026 in Milimani COMCC NO E457 of 2026.
2. On 29.7.2026 this application came up for hearing whereat Ms Mbugua for the respondent submitted that whereas her client had filed a response, it is interested in expediting the main appeal wherefore it proposes that stay orders be granted conditional upon the deposit of the entire judgment sum of Ksh 3,138,430.19 in a joint interest earning account in the name of parties’ advocates, within 30 days, which proposal was accepted by Mr Gitari, counsel for the Appellant.
3. I have duly considered the application herein, the affidavits in support thereof and in opposition thereto, and the oral submissions of parties’ counsels to whom I convey my gratitude for their expeditious disposal of this application and I allow it and I proceed to make the following orders:
i) That an order of stay of execution is granted in respect of the ruling delivered on 14.7.2026 Milimani CMCU/E457/2026 until this appeal is heard and determined on condition that the Judgment sum plus costs amounting to kshs.3,138,430.19 be deposited in a joint interest account of parties 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 then be at liberty to execute.
iii) Due to the concession made, the Respondent is awarded costs assessed at ksh 10,000/=
Delivered, signed and dated at Milimani this 29th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of :
Mr Gitari for the appellant
Ms Mbugua for the Respondent
Aziza – Court Assistant
1. Vide a Notice of Motion dated 17.7.2026, the appellant moved this court for orders of stay of execution pending appeal against the ruling delivered on 15.7.2026 in Milimani COMCC NO E457 of 2026.
2. On 29.7.2026 this application came up for hearing whereat Ms Mbugua for the respondent submitted that whereas her client had filed a response, it is interested in expediting the main appeal wherefore it proposes that stay orders be granted conditional upon the deposit of the entire judgment sum of Ksh 3,138,430.19 in a joint interest earning account in the name of parties’ advocates, within 30 days, which proposal was accepted by Mr Gitari, counsel for the Appellant.
3. I have duly considered the application herein, the affidavits in support thereof and in opposition thereto, and the oral submissions of parties’ counsels to whom I convey my gratitude for their expeditious disposal of this application and I allow it and I proceed to make the following orders:
i) That an order of stay of execution is granted in respect of the ruling delivered on 14.7.2026 Milimani CMCU/E457/2026 until this appeal is heard and determined on condition that the Judgment sum plus costs amounting to kshs.3,138,430.19 be deposited in a joint interest account of parties 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 then be at liberty to execute.
iii) Due to the concession made, the Respondent is awarded costs assessed at ksh 10,000/=
Delivered, signed and dated at Milimani this 29th day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of :
Mr Gitari for the appellant
Ms Mbugua for the Respondent
Aziza – Court Assistant