Milcah J Mutwol v Fraca Servcom [2014] KEHC 1443 (KLR)

Facts

Appellant was awarded damages in a defamation case, and Respondent has begun execution. Appellant seeks stay of execution.

Issues

1. Whether the Appellant will suffer substantial loss if the stay is not granted.
2. Whether the application was filed without unreasonable delay.
3. Whether the Appellant is willing to provide security for the due performance of the decree.

Reasoning

The court found that the Appellant would suffer substantial loss if the stay is not granted, there was unreasonable delay, and the Appellant is willing to provide security.

Outcome

Appellant's application is allowed