Maasai Mara Wilderness Lodge Limited v Soni (Civil Application E402 of 2023) [2024] KECA 84 (KLR) (9 February 2024) (Ruling)
- Court
- Court of Appeal
- Case number
- 84
- Citation
- [2024] KECA 84 (KLR)
- Decided
- 9 February 2024
The court grants a conditional stay, allowing the application and ordering the sum of Kshs.1,000,000 already paid into court to hold as security pending hearing and determination of the appeal.
Facts
The respondent, Rupa Soni, sustained severe injuries while on a safari trip at the applicant's lodge, Maasai Mara Wilderness Lodge Limited. The respondent sought general damages, special damages, and a refund. The applicant denied liability and sought dismissal of the suit. The High Court awarded liability at 80:20 in favor of the respondent, and the applicant deposited Kshs.1,000,000 as security.
Issues
- Whether the High Court's order granting stay of execution was contradictory and drastically varying earlier orders.
- Whether the revised order deprived the appellant of the right of appeal and allowed for execution while the appeal was pending.
Reasoning
The court found that the respondent's inability to pay back the decretal amount in the event of an appeal success poses a reasonable apprehension. The court granted a stay to safeguard the substratum of the appeal.
Outcome
The application for stay of execution is granted.
Orders
- Conditional stay granted
- Kshs.1,000,000 held as security pending appeal
Remedies
- Stay of execution granted
Authorities cited
Legislation (5)
- Article 164 (3)(a) of the Constitution
- Section 3, 3A and 3B of the Appellate Jurisdiction Act
- Court of Appeal Rules
- Judicature Act
- Court of Appeal Practice Vacation Rules
Cases cited (1)
- Kenya Hotel Properties Limited vs. Willesden Properties Limited Civil Application Nai. No. 322 of 2006 (UR 178/06)
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