Njoro Canning Factory v John Michael Mbugua & another [2015] KEHC 887 (KLR)
- Court
- High Court of Kenya
- Case number
- 887
- Citation
- [2015] KEHC 887 (KLR)
- Decided
- 19 November 2015
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivil AppealPostureAppellant seeks an order of stay of execution from the trial court's judgment pending the hearing of the appeal.CoramJANET MULWA
Holding
The application for stay of execution is granted subject to the applicant providing a bank guarantee or depositing a fixed deposit in the specified amounts.
Facts
The appellant seeks a stay of execution of a money decree in the sum of Kshs.1 Million, due to accrued interest and costs as at March 2015, pending an appeal.
Issues
- Whether the application for stay of execution has been brought without unreasonable delay.
- Whether substantial loss may result to the appellant if the order is denied.
- Whether sufficient security for the due performance of the decree is offered.
Reasoning
The court considered the application and found that the applicant had substantially met the conditions for grant of stay pending appeal, but required the applicant to provide security for the decree.
Outcome
The appeal is granted with conditions.
Orders
- The applicant shall, by way of security for due performance of the decree, give and file in court a bank guarantee in the sum of Kshs.2,400,000/= from a reasonably stable bank or in the alternative deposit a sum of Kshs.2,000,000/= in a fixed deposit joint account in the names of advocates for both parties within a period of 30 days from the date of this ruling.
Remedies
- Costs of this application shall be costs in the appeal.
Authorities cited
Cases cited (3)
- Bhatt -vs- the Rent Restriction Tribunal and Others civil application No NAI 6 of 1997
- ABN AMRO Bank -N.V. -vs- Le Monde Foods Ltd – Civil Appeal No. NAI 15 of 2002
- Butt case (supra)
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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