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…THAT this Honourable Court be pleased to issue appropriate directions for the immediate release of the security for costs deposited by the appellants pursuant to the stay pending appeal, the said funds being critical for…

…According to them, releasing the funds at this stage would render their intended appeal nugatory, as the funds serve as security for costs. They therefore urged the court to find the application premature 5.…

…judgment against which appeal is filed having bee delivered on 26.3.2024 and the Appeal and application herein having been filed on 27.4.2024 there was no inordinate delay Additionally, the Appellant having offered to deposit security…

…for costs this court finds that if the order is not granted the appeal will be rendered nugatory.…

…judgment against which appeal is filed having bee delivered on 26.3.2024 and the Appeal and application herein having been filed on 27.4.2024 there was no inordinate delay Additionally, the Appellant having offered to deposit security…

…for costs this court finds that if the order is not granted the appeal will be rendered nugatory.…

…judgment against which appeal is filed having bee delivered on 26.3.2024 and the Appeal and application herein having been filed on 27.4.2024 there was no inordinate delay Additionally, the Appellant having offered to deposit security…

…for costs this court finds that if the order is not granted the appeal will be rendered nugatory.…

…for costs which is amongst the conditions for stay of execution.…

…As regards the aspect of security for costs, the same is also a pre-requisite for an applicant seeking for orders of stay pending an appeal to comply.…

…for costs, which sum is sufficient in the circumstances. h) This application has been filed expeditiously without unreasonable delay, and the intended appeal is not frivolous. 8.…

…In view of the foregoing and the fact that the applicant has offered security for costs, I allow the application for stay pending the hearing and determination of this appeal or the settlement of the matter out of court.…

…In the meantime, I order the status quo be maintained pending those directions on condition that the applicants deposit in court Kshs. 100,000 within the 30 days as security for costs and auctioneers' charges.…

…That security for costs has been furnished for the performance of the decree. Whether substantial loss may result to the applicant unless the order is made.…

…Whether security for costs has been furnished for the performance of the decree.…

…He states that he has appealed against the trial court’s decision and that the only issue for determination should be security for costs.…

…My finding is that the Respondent’s prayer for stay of execution and offer to deposit security for costs reek of mischief and amount to an abuse of court process.…

…As regards security for costs, the applicants have stated that they are ready and willing to furnish such reasonable security for the due performance of the decree and that the applicants’ insurance company Old Mutual (formerly…

…This Court takes note of the fact that in as much as the applicants are desirous to furnish security for costs as stated above, the court further takes notes that the deponent of the supporting affidavit is not a party to…

…The Applicant cited Westmont Holdings SDN BHD v Central Bank of Kenya & 2 others (Petition 16 (E023) of 2021) [2023] KESC 11 (KLR) (Civ) (17 February 2023) (Judgment) and submitted that security for costs should not be used…

…The Respondent submitted, in opposition to the Application, that the Applicant has not demonstrated through evidence that it is unable to raise the security for costs ordered by the court; that the amount ordered by the court…

…Security for costs 32. On the issue of security for costs, the purpose of security was explained in the case of Arun C. Sharma vs Ashana Raikundalia t/a Raikundalia & Co.…

…I notice that the Applicant has not offered any security for costs on the performance of the decree which in any event has not been challenged by the Applicant. 38.…

…The Applicants’ stand is that the application herein has only been responded to by Zipporah Nzisa Mutua therefore any orders including security for costs can only be made in respect to her case. 41.…

…I am inclined to agree with the arguments put forth by the Applicants that that security for costs can only be made in respect of Zipporah Nzisa Mutua.…

…Failure to put security for costs as ordered will cause the order for stay of execution to lapse.…

…Lastly the Court may order security for costs.…

…Failure to put security for costs as ordered will cause the order for stay of execution to lapse.…

…Lastly the Court may order security for costs. Access to justice is a right enshrined in Article 48 of the Constitution and extends to the right to appeal.…

…for costs pending the hearing and determination of the appeal.…

…The appellant, through his supporting affidavit, seems to be mistaken that the sum of KShs 500,000/= was security for costs.…

…Failure to put security for costs as ordered will cause the order for stay of execution to lapse. 11.…

…Lastly the Court may order security for costs. 12. The Appellant claims that it has an arguable appeal with high chances of success.…

…With respect to security, the Applicant submitted that it had offered security for costs in the sum of Kshs. 700,000/-. 32.…

…On the issue of security, I agree with the Respondent that the applicant’s offer to provide security for costs less than 10% of the decretal sum is unacceptable. 65.…

…Failure to put security for costs as ordered will cause the order for stay of execution to lapse. 9.…

…Lastly the Court may order security for costs. 10. Access to justice is a right enshrined in Article 48 of the Constitution and extends to the right to appeal.…