Rebecca Achieng v Nassefu Savings & Credit Society Ltd [2017] KEHC 3503 (KLR)
- Court
- High Court of Kenya
- Case number
- 3503
- Citation
- [2017] KEHC 3503 (KLR)
- Decided
- 18 August 2017
Order for stay granted on condition that appellant deposits the decretal sum of Ksh.624,260/= in an interest earning account in the joint names of the advocates appearing in the appeal within 30 days from the date hereof.
Facts
Appellant Rebecca Achieng owed Nassefu Savings & Credit Society Ltd a debt of Ksh.43,432.35, which was recovered in a judgment. Appellant sought a stay of execution and restraining order against the auctioneers.
Issues
- Whether the appellant would suffer substantial loss if the order for stay is denied.
- Whether the application was filed without unreasonable delay.
- Whether the court should consider the provision of security for the due performance of the decree.
Reasoning
Appellant would suffer substantial loss if the order for stay is denied as her household goods and motor vehicles would be sold by the auctioneers to recover the decretal sum. The application was filed without unreasonable delay. The court directed the appellant to deposit the decretal sum in an interest earning account as security.
Outcome
Order for stay granted
Orders
- Order for stay granted on condition that appellant deposits the decretal sum of Ksh.624,260/= in an interest earning account in the joint names of the advocates appearing in the appeal within 30 days from the date hereof.
Remedies
- Order for stay granted
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