RULING
1. The Application dated 16.04.2026 is premised on the Memorandum of Appeal dated 16.04.2026.
2. In the Memorandum of Appeal, the Ruling being challenged is in regards to an Application dated 23.07.2026 regarding the provision of security to the Court Bailiff to assist execution of the Decree.
3. The Application dated 23.02.2026 was allowed by the trial Court hence this Appeal.
4. The Applicant in the Application dated 10.04.2026 is seeking for a stay of the ruling pronounced on 14.04.2026 in regards to the provision of security being the appeal.
5. The Respondent has submitted that the order of security was in execution of a lawful Decree.
6. Consequently, even if the stay is granted the Decree still stays unchallenged.
7. It is not in dispute that there is a Decree dated 25.11.2024 against the Applicant in this Application.
8. The Decree dated 25.11.2024 is valid and enforceable.
9. Consequently, in view of the fact that the Applicants have not complied with the Decree dated 25.11.2024, this Court cannot stand in the enforcement of the Decree.
10. As such, this Court does hold that the trial Court was well with its discretion to grant the Applicant and there is no ground as to why this Court should stay the Ruling pronounced on the 14.04.2026.
11. In conclusion, the Application dated 16.04.2026 is dismissed with costs.
IN THE PRESENCE OF;
Court Assistant: Brian
Plaintiff: Ms. Cherop holding brief Kiplagat for the Appellant
Defendant: Mathai for the Respondent
| ELC.LA E012 of 2026 RULING2 |