Bonface Nzioka Malundi v Jeremiah Kariuki Mwaniki [2016] KEHC 3631 (KLR)

Facts

Applicant Bonface Nzioka Malundi seeks stay of execution of a judgment in favor of Respondent Jeremiah Kariuki Mwaniki, totaling Kshs. 4,720,934.85 plus costs and interest. Applicant claims threat of execution unless stay is granted and argues his appeal is arguable.

Issues

1. Whether the applicant has an arguable appeal
2. Whether the applicant has suffered substantial loss unless the execution of the decree is stayed
3. Whether the applicant has provided security for the due performance of the decree

Reasoning

The court finds the applicant's appeal to be arguable and that the subject matter of the appeal should be preserved. The court considers the substantial loss and the security provided by the applicant.

Outcome

Order for stay of execution pending the hearing and determination of the appeal

Authorities cited