Kilifi Moringa Estates Ltd v Chai (Miscellaneous Application E003 of 2023) [2023] KEELRC 2830 (KLR) (9 November 2023) (Ruling)

Facts

The applicant, Kili Moringa Estates Ltd, sought a stay of execution of a judgment awarded by the hon. Ong’ondo Magistrate on January 31, 2023, in favor of the respondent, Karisa Chengo Chai. The applicant claimed the respondent was not financially capable of refunding the awarded sum and that the delay in filing an appeal was not inexcusable.

Issues

1. Whether the applicant has a valid appeal to file
2. Whether the court has jurisdiction to grant a stay pending appeal
3. Whether the applicant has met the conditions for granting a stay pending appeal

Reasoning

The court found no merit in the application due to the applicant's failure to explain the delay in filing an appeal and lack of sufficient cause for not filing the appeal in time. The court also noted that the application was overtaken by events as the respondent had already paid half of the decretal sum.

Outcome

Application dismissed with costs

Authorities cited