MWEA RICE GROWERS MULT-PURPOSE CO-OPERATIVE SOCIETY LTD v NGENYE KARIUKI & another [2008] KEHC 2301 (KLR)
- Court
- High Court of Kenya
- Case number
- 2301
- Citation
- [2008] KEHC 2301 (KLR)
- Decided
- 8 May 2008
The court grants a stay of execution of the decree upon depositing Shs.1.5 million in an interest-earning account with a reputable bank in joint names of the plaintiff's and the respondents' advocates pending the hearing and determination of the appeal.
Facts
The plaintiff, MWEA Rice Growers Mult-Purpose Co-operative Society Ltd, seeks a stay of execution of a decree in the sum of Shs.3,293,465/= pending the hearing and determination of an appeal. The 1st respondent, Hon. Ngenye Kariuki, and the 2nd respondent, Loinge Ltd, have engaged an auctioneer to execute the decree.
Issues
- Substantial loss and ability of the decree holder to repay the money if the appeal is successful
- Reasonable delay in making the application
Reasoning
The court considered the authorities and the arguments advanced to support the decisions reached, concluding that the plaintiff may be granted a stay upon depositing the specified amount.
Outcome
The court grants a stay of execution of the decree pending the appeal.
Orders
- Deposit Shs.1.5 million in an interest-earning account with a reputable bank in joint names of the plaintiff's and the respondents' advocates
Remedies
- Stay of execution of the decree pending the appeal
Authorities cited
Legislation (1)
- Order 41 Rule 4 (1) and Order XLV111 Rule 5 Civil Procedure Code
Cases cited (3)
- HCC at Meru Civil Appeal No. 3 of 2007
- Alibhai Shariff & Sons Ltd vs Technical Trading Ltd
- Lee Muthoga vs Habib Zerich Finance (K) Ltd
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