I have considered the submissions made by learned counsel for the parties and in light of the submissions by the respondent that they are not opposed to a conditional stay of execution, I do consider it just and fair to allow the application conditionally so as to expedite the appeal. Accordingly:
i. The application dated 29/11/2024 is hereby allowed. Stay of execution of the default judgment entered in MCCC 6944/2018 is hereby allowed on condition that the decretal amount shall be deposited in a joint interest earning account in the name of both counsels within 30 days from today. In default of this, the stay orders shall automatically lapse and the respondent shall be at liberty to execute.
ii. In the meantime, the record of appeal shall be filed within 45 days from today. The Hon DR shall facilitate retrieval of the lower court file for use in the appeal so as to arrest any delay.
iii. Mention for purposes of further directions in this regard before the DR on 16th June, 2025.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 26TH DAY OF MAY 2025.
F. MUGAMBI
JUDGE
i. The application dated 29/11/2024 is hereby allowed. Stay of execution of the default judgment entered in MCCC 6944/2018 is hereby allowed on condition that the decretal amount shall be deposited in a joint interest earning account in the name of both counsels within 30 days from today. In default of this, the stay orders shall automatically lapse and the respondent shall be at liberty to execute.
ii. In the meantime, the record of appeal shall be filed within 45 days from today. The Hon DR shall facilitate retrieval of the lower court file for use in the appeal so as to arrest any delay.
iii. Mention for purposes of further directions in this regard before the DR on 16th June, 2025.
DATED, SIGNED AND DELIVERED IN NAIROBI
THIS 26TH DAY OF MAY 2025.
F. MUGAMBI
JUDGE