Directline Assurance Co. Ltd v Nakauto House (K) Ltd [2014] KEHC 2534 (KLR)

Facts

Appellant seeks an order of stay of execution of a decree in favor of the respondent, Nakauto House (K) Ltd, issued in NKU CMC 626/2012. The appellant argues that if the decretal sum is released to the respondent, it will not be recoverable.

Issues

1. Whether the application is brought without unreasonable delay
2. Whether the appellant will suffer substantial loss if the order is not granted
3. Whether the applicant is willing to provide security for the due performance of the decree

Reasoning

The court finds that the application is brought within reasonable time due to the pendency of the application in the lower court. The court also finds that the respondent is credit-worthy and has property that they lease out and receive rent, making it likely that the decretal sum will be easily recoverable if the appeal succeeds.

Outcome

The notice of motion must be dismissed with costs abiding the appeal.