Wananchi Group (K) Limited & another v Globecast Africa Limited (Civil Appeal (Application) E836 of 2022) [2024] KECA 1322 (KLR) (27 September 2024) (Ruling)

Facts

Wananchi Group (K) Limited and Wananchi Programming Limited applied for a stay of execution of a judgment ordering them to pay USD 118,614.54 to Globecast Africa Limited. The High Court granted a conditional stay pending appeal, requiring the applicants to issue a bank guarantee of USD 45,000. The applicants sought an extension of the stay, while the respondent argued the application lacked merit.

Issues

1. Whether the applicants have demonstrated that the appeal would be rendered nugatory if the stay of execution is not granted.
2. Whether the applicants have renewed the bank guarantee when it expired.

Reasoning

The court found that the decree was a money decree and that the applicants had not shown that the decretal sum could not be repaid by the respondent. The applicants had not renewed the guarantee when it expired.

Outcome

The motion is dismissed with costs to the respondent.

Authorities cited