Joseph Rajula Lunani v Donald Oyatsi [2021] KEELC 1603 (KLR)
- Court
- Environment & Land Court
- Case number
- 1603
- Citation
- [2021] KEELC 1603 (KLR)
- Decided
- 13 October 2021
The application is allowed on terms that the stay of execution of the decree pending appeal is granted, the applicant shall deposit the amount of taxed costs into an account pending hearing and determination of the said appeal, and the costs of the application to abide the winner in the appeal.
Facts
The plaintiff/applicant brought an application seeking a stay of execution and enforcement of the decree pending hearing and determination of the Court of Appeal Civil Appeal No. 12 of 2021 at Kisumu Court of Appeal. The respondent/decree holder has taxed the bill of costs and the ruling was delivered on 3rd March, 2021 and is in the process of execution.
Issues
- Whether the application for stay of execution and enforcement of the decree is granted
- Whether the applicant has provided sufficient security for the stay of execution
Reasoning
The court held that the applicant has fulfilled the conditions for stay and granted the application, providing security in the form of the taxed costs.
Outcome
The application is allowed on terms
Orders
- Stay of execution of the decree pending appeal
- Deposit the amount of taxed costs into an account pending hearing and determination of the said appeal
- The costs of the application to abide the winner in the appeal
Remedies
- Stay of execution of the decree pending appeal
- Deposit the amount of taxed costs into an account pending hearing and determination of the said appeal
- The costs of the application to abide the winner in the appeal
Authorities cited
Legislation (5)
- Civil Procedure Act
- Order 42 Rule 6
- Order 51 of the Civil Procedure Rules, 2010
- High Court Vacation Rules section 3 (2)
- Article 159 of the Constitution
Cases cited (6)
- Victory Construction vs. BM (a minor suing through the next friend one PMM) 2019 eKLR
- Mayfair Insurance Company Limited vs Globe Developments Limited (2021) eKLR
- John Gachanje Mundia vs. Francis Muriira alias Francis Muthika & Another (2016) eKLR
- Century Trading Company Limited vs. Kenya Shell Limited Nairobi HCMCA No. 15611 of 2007 (unreported)
- Peter Maina Maingi vs Lucy Kagure Wanjohi [2011] eKLR
- Focin Motorcycle Co. Limited vs. Ann Wambui Wangui & another [2018] eKLR
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