Paul Mutiso Nzau & 2 others v Simon Muema Nzau [2016] KEELC 1101 (KLR)

Facts

The appellants sued the respondent for a permanent injunction and an order to satisfy monies owed to the respondent on account of the suit property. The respondent filed a statement of defence and moved for costs. The Resident Magistrate's Court dismissed the appellants' application for a temporary injunction and costs. The respondent then sought to execute a non-existent decree for costs, which was opposed by the appellants. The appellants preferred an appeal against the decision.

Issues

1. The validity of the costs assessment and execution of a non-existent decree
2. The requirement for security for the stay of execution

Reasoning

The lower court did not fall into error in ordering the appellants to furnish security for the stay, and the requirement is not harsh.

Outcome

Appeal dismissed