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…orders of stay of execution pending appeal of the decision of the trial court made on 29/6/2026 in Milimani MCCC/E4422, the Respondent is not opposed to the grant of stay orders subject to the Appellant depositing the entire Judgment…

…sum of US$ 2,411.64 in a Joint Interest Earning Dollar account in the names of parties’ advocates. 2.…

…When this application came for hearing inter parties on 28.7.2026, counsel Masaki for the Appellant proposed that the Appellant be allowed to deposit security of one half of the judgment sum while counsel Andulo for the respondent…

…urged this court to grant a conditional stay upon deposit of the entire judgment sum. 3.…

…In the present case, there was no dispute on the liability of the respondent to settle the judgment or principal sum including interest and costs.…

…They will be paid depending on the circumstances under which the insurer failed to pay the judgment sum.…

…The appellant had claimed judgment for a sum of Shs 48,640/= made up as follows: Loss of salary for December, 1985, and for further 7 months from January, 1986, to July, 1986 – total for 8 months @ Shs 4,000/= pm.........…

…The judgment sum therefore came to Shs 7,000/=. Each party was ordered to bear its own costs. There are sixteen grounds of appeal.…

…He however submitted that his client was asking for payment of one half of the judgment sum to herself and a deposit of the other half in a joint interest earning account in the name of parties’ advocates. 4.…

…considered the application herein, the supporting affidavit with it’s enclosures and the rival submissions of counsels for the parties and given that the appellant has offered to furnish security by way of a deposit of the judgment…

…That upon grant of the stay, the Applicants do provide sufficient security by depositing the entire judgment sum in court. 2.…

…They state that their insurer is ready and willing to deposit the entire judgment sum in court as security. 6.…

…November pending hearing and determination of this appeal. b) THAT the honourable court be pleased to stay taxation of party and party costs pending hearing of the and appeal. c) Provision of security by depositing the entire judgment…

…sum in court. d) Costs of the application to abide the outcome of the appeal. 3.…

…E265 of 2022 pending the hearing and determination of this appeal. c) That upon grant of the stay orders, this Honourable Court be pleased to order that the Applicant do provide sufficient security by depositing the entire judgment…

…sum in court to secure the judgment in Kericho CMCC No.…

…suffering Kshs. 50,000/= Loss of expectation of life Kshs. 100,000/= Loss of dependency Kshs. 4,560,000/= Special damages Kshs. 30,000/= Sub-total Kshs. 4,740,000/= Less 15% apportionment of liability Kshs. 711,000/= Total judgment…

…sum Kshs. 4,029,000/= 30.…

…It is submitted that with respect to whether or not the applicant will suffer substantial loss, that it will be suffered where the judgment sum is paid yet the injuries of the respondent were not confirmed and the income…

…The order is granted on condition that the applicant pays 1/3 of the judgment sum to the respondent, and the balance in a joint interest earning account in the names of counselor in court within 45 days herein. in default…

…The applicant submits that the security offered is that the entire judgment sum be deposited in a joint interest earning account in the names of both advocates.…

…The balance of the judgment sum be deposited in court within 45 days. In default of (i) and (ii) the stay to lapse automatically, the application to stand dismissed with costs to the respondents.…

…Procedure (Amendment) Rules 2020, stay of execution should be granted if the Applicant furnishes security and the lower court duly granted the Applicant an order for stay of execution conditional on his depositing the entire judgment…

…sum in Court within 30 days, which conditions ought to subsist.…

…The judgment sum was less than Kes 3,000,000/-. That the sum payable has exceeded Kes 3,000,000/- is clearly attributable to the 1st Respondent, who did everything possible to avoid settling the sum due. 12.…

…Had it paid the judgment sum without delay, we wouldn’t be here. In essence, the 1st respondent seeks to benefit from its mischief. This shouldn’t be allowed. 16.…

…I have also considered the oral submissions of parties advocates while noting that the Appellant has intimated the intention of his insurer to issue a bank guarantee as security for eventual settlement of the Judgment sum…

…sum and other reliefs presently at the respondent’s disposal; (4) The appellants are apprehensive that the intended appeal will be rendered academic/nugatory and of no consequence with the respondent having pleaded loss…

…sum in the pendency of its appeal with no hope of reimbursement; (7) Reasons whereof this application is urgent and ought to be heard on a priority basis. 3.…

…I have also considered the oral submissions of parties’ advocates while noting that the Appellants are proposing to prevail upon their insurer to issue a bank guarantee as security for eventual settlement of the Judgment…

…sum while the Respondent maintains that the decretal sum ought to be deposited in a joint interest earning account of parties'' advocates. 2.…

…In the replying affidavit to the application counsel for the respondents did not oppose the application, instead proposing that pending the hearing and determination of the appeal the appellant; Pay a half of the judgment…

…sum together with costs of the suit to the respondent within 30 days from the date of the order, and The balance be deposited in a joint- interest earning account in the names of both advocates within 30 days from the date…

…In the replying affidavit to the application counsel for the respondents did not oppose the application, instead proposing that pending the hearing and determination of the appeal the appellant; Pay a half of the judgment…

…sum together with costs of the suit to the respondent within 30 days from the date of the order, and The balance be deposited in a joint- interest earning account in the names of both advocates within 30 days from the date…

…In the replying affidavit to the application counsel for the respondents did not oppose the application, instead proposing that pending the hearing and determination of the appeal the appellant; Pay a half of the judgment…

…sum together with costs of the suit to the respondent within 30 days from the date of the order, and The balance be deposited in a joint- interest earning account in the names of both advocates within 30 days from the date…