PETER KARURI WAWERU & ANOTHER V HANNAH MUGURE KARAGO [2012] KEHC 2422 (KLR)
- Court
- High Court of Kenya
- Case number
- 2422
- Citation
- [2012] KEHC 2422 (KLR)
- Decided
- 20 July 2012
The court grants an order of stay of execution of the decree, subject to the applicant depositing Kshs.500,000/- in a joint account within 21 days as security, pending hearing of the appeal.
Facts
The applicant, Hannah Mugure Karago, seeks a stay of execution of a decree from the High Court, pending an appeal. The applicant fears the respondent, Peter Karuri Waweru, may execute the decree by transferring the suit property to themselves and evicting the applicant.
Issues
- Whether the application for stay of execution of the decree is valid
- Whether the applicant has offered sufficient security for the decree
Reasoning
The court considers the conditions precedent to the grant of an order of stay in the High Court different from those of the Court of Appeal. The court grants the stay due to the substantial risk of loss to the applicant if the decree is executed without a stay.
Outcome
Order of stay granted
Orders
- An order of stay of execution of the decree of this court dated 16/5/2012 is granted
- A sum of Kshs.500,000/- is deposited in a joint account of both the counsel for the applicant and the respondent within 21 days as security, pending hearing of the appeal
Remedies
- Stay of execution of the decree
Authorities cited
Legislation (2)
- Civil Procedure Rules
- Appellate Jurisdiction Act
Cases cited (1)
- Chevron Kenya Ltd Caltex (supra)
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