Mwiki PSV Sacco Limited v Mbirua & 24 others (Tribunal Case 038 of 2021) [2026] KECOPT 92 (KLR) (11 February 2026) (Ruling)
- Court
- Copyright Tribunal
- Case number
- 92
- Citation
- [2026] KECOPT 92 (KLR)
- Decided
- 11 February 2026
The court dismissed the application for a stay of execution pending appeal due to unreasonable delay and failure to meet the mandatory requirements for the grant of stay of execution.
Facts
The Claimant, Mwiki PSV Sacco Limited, filed an application for a stay of execution of a judgment against the Respondents, including Simon Karangu Mbirua and 24 others. The Respondents filed a memorandum of appeal and sought a stay of execution pending the hearing of the appeal.
Issues
- Whether the Applicant has met the threshold for Stay of Execution pending Appeal
- Whether there is unreasonable delay in filing the application
Reasoning
The court found that the application was filed four months after the judgment was delivered, which is considered unreasonable delay. The court also noted that the applicants did not provide any security for due performance of the decree as required by the Civil Procedure Rules.
Outcome
Application dismissed
Orders
- Order for stay of execution pending appeal dismissed
Authorities cited
Legislation (1)
- Order 42 Rule 6 Civil Procedure Rules
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