South Nyanza Sugar Co. Ltd v Fredrick Odoyo Matunga [2012] KEHC 2208 (KLR)
- Court
- High Court of Kenya
- Case number
- 2208
- Citation
- [2012] KEHC 2208 (KLR)
- Decided
- 23 August 2012
The applicant shall pay the respondent One hundred and fifty thousand shillings (kshs. 150,000) as part payment of the outstanding decretal amount within 30 days. The applicant shall deposit into court the balance of the decretal amount within 30 days. The applicant shall execute security for costs within 30 days. The stay order shall automatically lapse if any of the above conditions are not met and further if the applicant will not have prosecuted the appeal within one year. Costs of the present application will be borne by the applicant.
Facts
The appellant filed an application for a stay of execution against a decree in CMCC No. 56 of 2004. The respondent moved to execute the decree, leading to the issuance of warrants of attachment. The appellant then filed another application to stop the attachment and sale of its goods.
Issues
- Whether the applicant should be granted a stay of execution.
- Whether the applicant has fulfilled the terms of a consent order regarding payment of the decretal amount.
Reasoning
The court found that the applicant had not honored the terms of the consent order regarding payment of the decretal amount and had failed to show cause why execution would not issue.
Outcome
The appeal was dismissed, and the applicant was ordered to pay the respondent a part payment and deposit the balance of the decretal amount.
Orders
- Stay of execution lifted.
- Applicant to pay respondent 150,000 shillings as part payment.
- Applicant to deposit balance of decretal amount within 30 days.
- Applicant to execute security for costs within 30 days.
- Stay order to lapse if conditions not met or appeal not prosecuted within one year.
- Applicant to bear costs of the present application.
Remedies
- Remedy of monetary payment and deposit of balance.
- Remedy of executing security for costs.
Loading judgment…