Vide judgement delivered on 23rd December 2024 in Migori SCCCOMM No. E102 of 2024 the Appellants in the trial court were ordered to pay the t Respondent Kshs. 139,350/=together with costs and interest from the date of filing of the suit.
The Appellant being dissatisfied with the judgement and orders of the trial court preferred an appeal before this court vide a Memorandum of Appeal dated 30th October 2024 concurrently with application dated 18th November 2024 seeking orders of stay of execution.
The Respondent vide Replying affidavit sworn 9th April 2025 opposed the application but at paragraphs 12, 13 and 14 seems to concede to the application.
Directions were taken that the application be heard by way of written submissions but it is only the Applicant which filed submissions dated 14h April 2025 and submitted that the Appellant/ Applicant had an arguable case and stand to suffer substantial loss if orders of stay are not granted.
The Applicant argued that the application was filed without unreasonable delay and are therefore entitled for grant of the orders sought.
This court has considered the application, the supporting affidavit and the Replying Affidavit as well as submissions filed by the Applicant and find that that the Applicant has satisfied the court for grant of orders of stay of execution on condition that the Chairman and Secretary to the Board of Management of the Appellant School undertakes in writing to make good the decretal sums herein in event that they lose the appeal.
The appeal herein to be mentioned on 3rd November 2025 to confirm Records of Appeal have been filed and served and for directions on the hearing of the appeal.
Parties herein to bear their own costs.
Orders Accordingly.
Signed dated and delivered at Migori this 5th day of June, 2025.
The Appellant being dissatisfied with the judgement and orders of the trial court preferred an appeal before this court vide a Memorandum of Appeal dated 30th October 2024 concurrently with application dated 18th November 2024 seeking orders of stay of execution.
The Respondent vide Replying affidavit sworn 9th April 2025 opposed the application but at paragraphs 12, 13 and 14 seems to concede to the application.
Directions were taken that the application be heard by way of written submissions but it is only the Applicant which filed submissions dated 14h April 2025 and submitted that the Appellant/ Applicant had an arguable case and stand to suffer substantial loss if orders of stay are not granted.
The Applicant argued that the application was filed without unreasonable delay and are therefore entitled for grant of the orders sought.
This court has considered the application, the supporting affidavit and the Replying Affidavit as well as submissions filed by the Applicant and find that that the Applicant has satisfied the court for grant of orders of stay of execution on condition that the Chairman and Secretary to the Board of Management of the Appellant School undertakes in writing to make good the decretal sums herein in event that they lose the appeal.
The appeal herein to be mentioned on 3rd November 2025 to confirm Records of Appeal have been filed and served and for directions on the hearing of the appeal.
Parties herein to bear their own costs.
Orders Accordingly.
Signed dated and delivered at Migori this 5th day of June, 2025.