Joseph Ndayala Muyesu v Thomas Kimutai Boit & another [2019] KEELC 3902 (KLR)
- Court
- Environment & Land Court
- Case number
- 3902
- Citation
- [2019] KEELC 3902 (KLR)
- Decided
- 3 April 2019
The court granted the application for stay of execution pending the hearing and determination of the appeal, with the applicants providing security by depositing Kshs. 150,000/ in an interest earning account in the joint names of the Counsel on record for appellant and the respondent.
Facts
The appellant, Joseph Ndayala Muyesu, filed an application for stay of execution of a decree pending an appeal. The respondents, Thomas Kimutai Boit and Josiah Kimebur Kibias, opposed the application.
Issues
- Whether the applicant has demonstrated substantial loss that will result if the orders sought are not granted.
- Whether the application has been brought without unreasonable delay.
- Whether security for performance of the decree has been given by the applicant.
Reasoning
The court found that the applicants met the criteria for grant of the order of stay, including timely filing of the application without undue delay, and the applicants' willingness to provide security for the performance of the decree.
Outcome
The application for stay of execution of the decree pending appeal was granted.
Orders
- Stay of execution pending the hearing and determination of the appeal.
- Security for performance of the decree to be provided by depositing Kshs. 150,000/ in an interest earning account in the joint names of the Counsel on record for appellant and the respondent.
Remedies
- Stay of execution pending appeal.
Authorities cited
Legislation (1)
- Order 42 rule 6 of the Civil Procedure Rules
Cases cited (3)
- Arun C Sharma -V- Ashana Raikundalia T/A Rairundalia & Co. Advocates
- Stephen Wanjohi —vs- Central Glass Industries Ltd I-ICC 6726/91
- Pamela Malutu =vs= Jimmy Nandwa & Another; Eldoret Civil Appeal No. 24 of 2018
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