KANJARU FARMERS CO-OPERATIVE SOCIETY v RAHAB KAIMURI [2007] KEHC 2273 (KLR)

Facts

The applicant, KANJARU FARMERS CO-OPERATIVE SOCIETY, was sued by the respondent, RAHAB KAIMURI, for the recovery of unpaid allowances. The respondent has auctioned the applicant's weighing machines, coffee processing machines, and other goods. The applicant claims a stay of execution due to the potential crippling of its operations, while the respondent argues that the applicant has not provided security as required by Order 41 Rule 4(2) of the Civil Procedure Rules.

Issues

1. Whether the High Court has the jurisdiction to grant a stay of execution pending appeal under Order 41 Rule 4(2) of the Civil Procedure Rules.
2. Whether the applicant has complied with the provisions of Order 41 Rule 4(2) of the Civil Procedure Rules.

Reasoning

The court considered the three principles under Order 41 Rule 4(2) of the Civil Procedure Rules and found that substantial loss may result to the applicant unless the order of stay is made.

Outcome

Appeal allowed

Authorities cited