I have considered the application dated 22nd April 2024 together with the reply and the applicable law.
Order 42 rule 6 of the Civil Procedure Rules provides that security is mandatory requirement for the grant of an order of stay of execution pending appeal. I am satisfied that the appellant ought to provide security that is sufficient to satisfy the decretal sum.
The decretal sum was approximately Kshs 2.3 million. I am satisfied that the appellant ought to deposit the said amount as a condition for stay pending appeal in a joint interest earning account in the name of the advocates of record. The same shall be deposited within the next 30 days from the date hereof failing which the stay shall automatically lapse.
Order 42 rule 6 of the Civil Procedure Rules provides that security is mandatory requirement for the grant of an order of stay of execution pending appeal. I am satisfied that the appellant ought to provide security that is sufficient to satisfy the decretal sum.
The decretal sum was approximately Kshs 2.3 million. I am satisfied that the appellant ought to deposit the said amount as a condition for stay pending appeal in a joint interest earning account in the name of the advocates of record. The same shall be deposited within the next 30 days from the date hereof failing which the stay shall automatically lapse.