Obadiah Kimani Njoro & 2 others Esther Njoki Waititu (Suing as Personal Representative of Eric Kiarie Njenga [2014] KEHC 542 (KLR)

Facts

The appellants filed an application seeking to have the Memorandum of Appearance deemed properly on record and setting aside default judgment and filing a defence out of time. The application was dismissed by Hon. Atambo on 13th September, 2013. The appellants appealed the decision and the court awarded them Kshs. 6,015,985.99 in damages. The appellants then filed an appeal against the decision.

Issues

1. whether to grant a stay of execution of the decree pending the hearing and determination of the application and appeal
2. whether to consolidate Civil Appeal no. 502 of 2013 with Civil Appeal 572 of 2013

Reasoning

The court found that the appellants are ready to deposit part of the decretal sum as security in an interest earning account in the names of both parties' advocates and that the respondent will not suffer any prejudice if the orders sought are granted.

Outcome

Appeal granted