Nelson Muguku Njoroge v Furncon Limited [2017] KEHC 4728 (KLR)
- Court
- High Court of Kenya
- Case number
- 4728
- Citation
- [2017] KEHC 4728 (KLR)
- Decided
- 2 June 2017
An order for stay of execution of the decree pending appeal is given on condition that the decretal sum be deposited in an interest earning account in the joint names of the advocate or firms of advocates within 30 days from the date of the ruling.
Facts
The defendant sued the plaintiff for unpaid rent, electricity, and water bills. The defendant failed to appear in court, and the plaintiff obtained a judgment in their favor. The defendant filed an appeal and then sought a stay of execution.
Issues
- whether the motion was filed without unreasonable delay
- whether the defendant would suffer substantial loss if the order for stay is denied
- whether the defendant has provided security for the due performance of the decree
Reasoning
The court found the motion timely filed and that the defendant would suffer substantial loss if the order for stay is denied. The plaintiff proposed depositing the decretal sum in an interest earning account, which the defendant agreed to.
Outcome
Defendant's motion granted with conditions.
Orders
- An order for stay of execution of the decree pending appeal is given.
- The decretal sum as of 18.11.2002, ksh.757,445/20, be deposited in an interest earning account in the joint names of the advocate or firms of advocates within 30 days from the date of the ruling.
Remedies
- Deposit of the decretal sum in an interest earning account in the joint names of the advocate or firms of advocates.
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