Rose Ogendo Nyamunga & 2 others v Richard B. O. Onsongo [2018] KECA 96 (KLR)
- Court
- Court of Appeal
- Case number
- 96
- Citation
- [2018] KECA 96 (KLR)
- Decided
- 7 December 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureApplication for stay of proceedings in the High Court of Kenya at Kisumu, pending the hearing and determination of an appealCoramE. M. Githinji, Hannah Okwengu, J. Mohammed
Holding
The applicants' appeal is arguable and the stay is granted with conditions.
Facts
The High Court awarded damages to the respondent in a defamation suit. The applicants filed a notice of appeal and sought a stay of proceedings pending the appeal.
Issues
- Whether the applicants' appeal is arguable.
- Whether the applicants will suffer serious prejudice if the stay is not granted.
- Whether the respondent will suffer serious prejudice if the stay is granted.
Reasoning
The court found the appeal arguable and granted the stay with conditions to ensure the respondent's interests are protected.
Outcome
The application for stay of proceedings is granted.
Orders
- An order for stay of all proceedings further to the judgment of the High Court dated 27th February, 2018, and all consequential orders flowing therefrom.
- The applicants shall either deposit a sum of Kenya Shillings One Million Five Hundred Thousand (Kshs. 1,500,000/=) in an interest earning bank account in the joint names of the two parties' advocates or, alternatively, provide a bank guarantee for a sum of Kenya Shillings One Million Five Hundred Thousand (Kshs. 1,500,000/=).
- The applicants shall take all necessary action to have the appeal properly filed so that the appeal is heard and finalized within twelve (12) months from today.
Remedies
- Stay of proceedings pending the hearing and determination of the appeal.
- Deposit of security for the decree amount.
Authorities cited
Legislation (2)
- Court Rules
- Appellate Jurisdiction Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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