RULING
1. Whereas the Appellant has vide a Notice of Motion dated 16/7/2026 craved for orders of stay of execution pending appeal of the decision of the trial court made on 29/6/2026 in Milimani MCCC/E4422, the Respondent is not opposed to the grant of stay orders subject to the Appellant depositing the entire Judgment sum of US$ 2,411.64 in a Joint Interest Earning Dollar account in the names of parties’ advocates.
2. On his part, the Appellant prays that he be ordered to deposit 1/3 of the Judgment sum of security.
3. Upon consideration of the application, the affidavit in support and the rival oral submissions of parties’ advocates, 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 pending the hearing and determination of the appeal herein is hereby granted in respect of the Judgment delivered on 29/6/2026 in Milimani MCCC/4422/2024 on condition that the Appellant deposits the entire decretal sum of US Dollars 2,411.64/- in a joint interest earning dollar account in the name of parties’ advocates with a reputable bank within 60 days from the date hereof.
(ii) That in the event of default in compliance with order (i) hereinabove, the stay orders shall automatically lapse.
(iii) The Respondent is awarded costs of this application assessed at Kshs10,000/= payable within 60 days from this date.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 28th day of July 2026.
M.S. SHARIFF
JUDGE
In the presence of:
Mr. Kasirye holding brief for Karanja for Respondent.
Mr. Njenga for Appellant.
Aziza – Court Assistant.
1. Whereas the Appellant has vide a Notice of Motion dated 16/7/2026 craved for orders of stay of execution pending appeal of the decision of the trial court made on 29/6/2026 in Milimani MCCC/E4422, the Respondent is not opposed to the grant of stay orders subject to the Appellant depositing the entire Judgment sum of US$ 2,411.64 in a Joint Interest Earning Dollar account in the names of parties’ advocates.
2. On his part, the Appellant prays that he be ordered to deposit 1/3 of the Judgment sum of security.
3. Upon consideration of the application, the affidavit in support and the rival oral submissions of parties’ advocates, 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 pending the hearing and determination of the appeal herein is hereby granted in respect of the Judgment delivered on 29/6/2026 in Milimani MCCC/4422/2024 on condition that the Appellant deposits the entire decretal sum of US Dollars 2,411.64/- in a joint interest earning dollar account in the name of parties’ advocates with a reputable bank within 60 days from the date hereof.
(ii) That in the event of default in compliance with order (i) hereinabove, the stay orders shall automatically lapse.
(iii) The Respondent is awarded costs of this application assessed at Kshs10,000/= payable within 60 days from this date.
IT IS HEREBY SO ORDERED.
Delivered, signed and dated at Milimani this 28th day of July 2026.
M.S. SHARIFF
JUDGE
In the presence of:
Mr. Kasirye holding brief for Karanja for Respondent.
Mr. Njenga for Appellant.
Aziza – Court Assistant.