RULING
1. Vide a Notice of Motion dated 5.7.2026, supported by an affidavit of Maureen Brenda Omiti, the appellant craved for orders of stay of execution of the decree emanating from a judgment delivered on 5.6.2026 in Milimani SCCOMM E3995 of 2026 pending the hearing and determination of the appeal herein.
2. The appellant filed an affidavit of service dated 22.7.2026 and when the application came up for hearing on 23.7.2026, Mr. Onduso for the appellant submitted that the same ought to be allowed as unopposed.
3. I have duly considered the application, the supporting affidavit with the annexures attached thereto and the oral submissions of Mr. Onduso and I do find that the application is unopposed and well merited. I thus make the following orders.
(i) An order of stay of execution is hereby granted pending the hearing and determination of this appeal, in respect of the judgment delivered on 5.6.2026 in Milimani SCCOMM E3995 of 2026 on condition that the appellant deposits the sum of kshs1,100,000/= in court within 60 days from the date hereof.
(ii) In the event of default in compliance with order (i) hereinabove, the orders of stay of execution shall automatically lapse and the respondent shall then be at liberty to execute.
(iii) Given that there is no opposition to this application, the appellant shall bear its own costs.
IT IS HEREINY SO ORDERED
Delivered, signed and dated at Milimani this 23rd day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of
Mr Onduso for the appellant
N/A by R & R Advocates LLP for the respondent
Court Assistant - Aziza
1. Vide a Notice of Motion dated 5.7.2026, supported by an affidavit of Maureen Brenda Omiti, the appellant craved for orders of stay of execution of the decree emanating from a judgment delivered on 5.6.2026 in Milimani SCCOMM E3995 of 2026 pending the hearing and determination of the appeal herein.
2. The appellant filed an affidavit of service dated 22.7.2026 and when the application came up for hearing on 23.7.2026, Mr. Onduso for the appellant submitted that the same ought to be allowed as unopposed.
3. I have duly considered the application, the supporting affidavit with the annexures attached thereto and the oral submissions of Mr. Onduso and I do find that the application is unopposed and well merited. I thus make the following orders.
(i) An order of stay of execution is hereby granted pending the hearing and determination of this appeal, in respect of the judgment delivered on 5.6.2026 in Milimani SCCOMM E3995 of 2026 on condition that the appellant deposits the sum of kshs1,100,000/= in court within 60 days from the date hereof.
(ii) In the event of default in compliance with order (i) hereinabove, the orders of stay of execution shall automatically lapse and the respondent shall then be at liberty to execute.
(iii) Given that there is no opposition to this application, the appellant shall bear its own costs.
IT IS HEREINY SO ORDERED
Delivered, signed and dated at Milimani this 23rd day of July, 2026
M.S. SHARIFF
JUDGE
In the presence of
Mr Onduso for the appellant
N/A by R & R Advocates LLP for the respondent
Court Assistant - Aziza