Lochab Transport Limited v Teresia Wangari & another [2015] KEHC 3414 (KLR)
- Court
- High Court of Kenya
- Case number
- 3414
- Citation
- [2015] KEHC 3414 (KLR)
The court allows the application for stay pending appeal, conditional upon the Appellant depositing the entire decretal sum in an interest earning account in the joint names of the parties' advocates within 14 days of the judgment.
Facts
The Appellant, Lochab Transport Limited, filed a memorandum of appeal against the judgment of Hon. Mwinzi SRM in Naivasha CMCC No. 622 of 2012, which was delivered on 25th March, 2015. The judgment ordered the Appellant to pay Shs 1,300,000 to the Respondent and deposit the balance of the decretal sum into a joint fixed interest earning account.
Issues
- Whether the Appellant's appeal challenges both liability and quantum
- Whether the Appellant will suffer substantial loss if the appeal succeeds
- Whether the Respondents are capable of refunding the decretal sum if the appeal succeeds
Reasoning
The court exercises its original jurisdiction under Order 42 Rule 6 (1) of the Civil Procedure Rules to consider the application for stay pending appeal. The court finds that the Appellant will suffer substantial loss if the order for stay is not granted, and the Respondent's ability to refund the decretal sum is in question.
Outcome
The court allows the application for stay pending appeal.
Orders
- The Appellant is ordered to deposit the entire decretal sum in an interest earning account in the joint names of the parties' advocates within 14 days of the judgment.
Remedies
- Stay of execution pending appeal
Authorities cited
Legislation (1)
- Civil Procedure Rules
Cases cited (2)
- Githunguri -Vs- Jimba Credit Corporation Ltd (No.2) [1988] 838
- Kenya Orient Co. Ltd –Vs- Paul Mathenge Gichuki & Others [2014] eKLR
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