Exzel Mwangi v Stephen Munene Mwangi [2017] KEHC 6720 (KLR)
- Court
- High Court of Kenya
- Case number
- 6720
- Citation
- [2017] KEHC 6720 (KLR)
The court allows the appellant's application for a stay of execution pending appeal, subject to the appellant depositing the decretal sum in an interest-earning account in the joint names of the advocates appearing in the matter within 30 days from the date of the judgment.
Facts
The appellant was found 100% liable in a previous judgment and ordered to pay the respondent a sum of Ksh.180,000 and Ksh.4,500 in damages. The appellant sought a stay of execution pending appeal.
Issues
- Whether the appellant should be granted a stay of execution pending appeal.
- Whether the appellant will suffer substantial loss if the order for stay is denied.
Reasoning
The court considered the principles stated in Order 42 rule 6(2) of the Civil Procedure Rules and found that the appellant may suffer substantial loss if the order for stay is denied. The court also considered the appellant's readiness to provide security for the due performance of the decree.
Outcome
The appeal is allowed.
Orders
- The appellant is ordered to deposit the decretal sum in an interest-earning account in the joint names of the advocates appearing in the matter within 30 days from the date of the judgment.
- In default, the motion shall be treated as having been dismissed.
Remedies
- The appellant is granted a stay of execution pending appeal.
- The appellant is required to deposit the decretal sum in an interest-earning account in the joint names of the advocates appearing in the matter within 30 days from the date of the judgment.
Authorities cited
Legislation (1)
- Civil Procedure Rules
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