Ruling
1. Before the Court is an application by way of a Notice of Motion dated 9/06/2025. It is supported by an Affidavit of Benard Oluoch Osedo sworn on 9/06/2025.
2. It seeks for a stay of execution pending the hearing of an Appeal arising out of the Judgement delivered on 5/05/2025. This is in Milimani MCCC NO. 2307 of 2025 Rose Wanjala -vs- TopRank High-Tech Co. Ltd .
3. The Court notes that a Memorandum of Appeal has been filed. The Application was also filed timeously.
4. The only issue that the Court needs to consider is whether to grant any stay, and if so, whether to impose any security.
5. The Applicant proposes a security of Kshs.50,000/= to be paid within 30 days.
6. The Respondent proposes that Security be a half of the decretal sum to be deposited in a joint account.
7. The Court having taken all factors into consideration directs that the security be in the sum of Kshs.100,000/=. This is to be deposited in a joint interest earning account in the names of the Counsel for the parties within the next 30 days.
8. The Court is also informed that a proclamation has already taken place. The Applicant will settle the Auctioneers costs. Should the Appeal be successful the Applicant will be entitled to recover the same from the Respondent.
9. In the meantime, the Appellant is to prepare and file a Record of Appeal within the next 30 days and serve.
10. The matter will be mentioned on 9/12/2025.
11. The Court makes the final orders as follows;
12. The Notice of Motion dated 9/06/2025 is allowed as follows;
a) There be a stay of execution and or enforcement of the Ruling /Order of the Chief Magistrates Court delivered on 5/05/2025 in Milimani MCCC No. 2307 of 2025 Rose Wanjala -vs- TopRank Hi-Tech Co. Ltd pending the hearing and determination of the Appeal filed herein.
b) This is on condition that the Appellant deposits a sum of Kshs.100,000/= in an interest earning account in the joint names of Counsel for the parties within the next 30 days. In default, the order of stay granted shall lapse and execution may proceed.
c) The Appellant to pay the Auctioneers charges to be agreed upon or in default the same to be assessed in accordance with the Auctioneers Rules.
d) The Appellant to file its Record of Appeal within the next 30 days. The matter be mentioned on 9/12/2025 to confirm compliance and for further directions.
SIGNED, DATED AND DELIVERED AT MILIMANI THIS 28TH DAY OF JULY, 2025.
NJOROGE BENJAMIN K.
JUDGE
Mr. Mabuka holding brief for Aguko for the Appellant/Applicant
Miss Ogonda for the Respondent
Mr. Luyai-Court Assistant
1. Before the Court is an application by way of a Notice of Motion dated 9/06/2025. It is supported by an Affidavit of Benard Oluoch Osedo sworn on 9/06/2025.
2. It seeks for a stay of execution pending the hearing of an Appeal arising out of the Judgement delivered on 5/05/2025. This is in Milimani MCCC NO. 2307 of 2025 Rose Wanjala -vs- TopRank High-Tech Co. Ltd .
3. The Court notes that a Memorandum of Appeal has been filed. The Application was also filed timeously.
4. The only issue that the Court needs to consider is whether to grant any stay, and if so, whether to impose any security.
5. The Applicant proposes a security of Kshs.50,000/= to be paid within 30 days.
6. The Respondent proposes that Security be a half of the decretal sum to be deposited in a joint account.
7. The Court having taken all factors into consideration directs that the security be in the sum of Kshs.100,000/=. This is to be deposited in a joint interest earning account in the names of the Counsel for the parties within the next 30 days.
8. The Court is also informed that a proclamation has already taken place. The Applicant will settle the Auctioneers costs. Should the Appeal be successful the Applicant will be entitled to recover the same from the Respondent.
9. In the meantime, the Appellant is to prepare and file a Record of Appeal within the next 30 days and serve.
10. The matter will be mentioned on 9/12/2025.
11. The Court makes the final orders as follows;
12. The Notice of Motion dated 9/06/2025 is allowed as follows;
a) There be a stay of execution and or enforcement of the Ruling /Order of the Chief Magistrates Court delivered on 5/05/2025 in Milimani MCCC No. 2307 of 2025 Rose Wanjala -vs- TopRank Hi-Tech Co. Ltd pending the hearing and determination of the Appeal filed herein.
b) This is on condition that the Appellant deposits a sum of Kshs.100,000/= in an interest earning account in the joint names of Counsel for the parties within the next 30 days. In default, the order of stay granted shall lapse and execution may proceed.
c) The Appellant to pay the Auctioneers charges to be agreed upon or in default the same to be assessed in accordance with the Auctioneers Rules.
d) The Appellant to file its Record of Appeal within the next 30 days. The matter be mentioned on 9/12/2025 to confirm compliance and for further directions.
SIGNED, DATED AND DELIVERED AT MILIMANI THIS 28TH DAY OF JULY, 2025.
NJOROGE BENJAMIN K.
JUDGE
Mr. Mabuka holding brief for Aguko for the Appellant/Applicant
Miss Ogonda for the Respondent
Mr. Luyai-Court Assistant