ICEA Lion Assurance Co. Limited & another v Waigwa (Civil Application E394 of 2021) [2023] KECA 143 (KLR) (17 February 2023) (Ruling)
- Court
- Court of Appeal
- Case number
- 143
- Citation
- [2023] KECA 143 (KLR)
- Decided
- 17 February 2023
The applicants have satisfied the requirements of rule 5(2)(b) of the Court of Appeal Rules and the motion is granted with an order of stay of execution subject to depositing Kshs 2,600,000 in a joint interest earning account.
Facts
The applicants were initially defendants in a suit for recovery of Kshs 2,600,000 for a stolen motor vehicle they provided insurance cover for. The High Court overturned the magistrate's court's judgment and entered judgment in favor of the respondent.
Issues
- Whether the applicants have an arguable appeal
- Whether the respondent's appeal would be rendered nugatory if the stay of execution is not granted
- Whether the respondent has the capacity to repay the decretal sum if the applicants succeed in their appeal
Reasoning
The applicants have raised five grounds of appeal, and the court finds them capable of being argued. The respondent's income is insufficient to repay the decretal sum, and the court grants the stay of execution.
Outcome
The motion is granted with an order of stay of execution subject to depositing Kshs 2,600,000 in a joint interest earning account.
Orders
- Order of stay of execution subject to depositing Kshs 2,600,000 in a joint interest earning account
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (1)
- Court of Appeal Rules
Cases cited (1)
- Stanley Kang'ethe Kinyanjui v Tony Keter & 5 others [2013] eKLR
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